Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board

Introduction

This case presents a jurisdictional dispute between two sister agencies, petitioner, the Department of Alcoholic Beverage Control (the Department) and respondent, the Alcoholic Beverage Control Appeals Board (Appeals Board). The Department petitions this court for a writ of review in order to establish that the Appeals Board lacks jurisdiction to review a decision of the Department concerning the proper fees for the transfer of liquor licenses by real-party-in-interest, Safeway Stores, Inc., and related parties (Safeway or real parties in interest). Both the Appeals Board and Safeway contend that the Appeals Board has jurisdiction to review the Department’s decision in this matter. We affirm the Appeals Board’s denial of the Department’s motion to dismiss Safeway’s appeal.

Facts

In connection with a corporate reorganization and liquidation, Safeway Stores, Inc., transferred over 500 California alcoholic beverage licenses (mostly off-sale general) to Safeway Stores Holdings Corporation and certain of its subsidiaries, Safeway Stores 23, Inc., Safeway Stores 24, Inc., Safeway Stores 25, Inc., and Safeway Stores 65, Inc.

In a letter to the Department, dated…