Stroh

We validate a new statute empowering the superior court to enjoin violations of rules of the Department of Alcoholic Beverage Control (Department) occurring after revocation of a liquor license and pending an administrative appeal to the Alcoholic Beverage Control Appeals Board (Board).

Midway Restaurant Systems, Inc. dba A.J.’s Lounge (Midway) appeals a preliminary injunction imposed upon Midway pursuant to Business and Professions Code section 23053.1 at the request of the Department.

In October of 1983 the director of the Department filed an accusation against Midway alleging 10 separate violations of California Administrative Code title 4, section 143.3, subdivision (l)(c) (rule 143.3) which prohibits certain activities such as nude dancing in conjunction with the sale of alcoholic beverages. (Cal. Const., art. XX, § 22; Bus. & Prof. Code, §§ 24200, subds. (a) and (b), 25750.) The accusation was amended with additional occurrences in November of 1983.

After a hearing in January of 1984, the Department issued a decision May 10, 1984, revoking Midway’s license to serve alcoholic beverages. The violation as found by the Department consisted of 14 counts of 10…