Donia

Introduction

Philip A. Donia, principal of the Vermont Avenue Elementary School, and other concerned citizens seek review of an order of respondent Alcoholic Beverage Control Appeals Board (board) reversing a decision of the Department of Alcoholic Beverage Control (department) which denied an application by real parties in interest Simon C. Huen and Samuel A. and Paulina Quan for issuance of an off-sale beer and wine license. (Bus. & Prof. Code, § 23090.)

In February 1981, real parties applied for an off-sale beer and wine license for a convenience store, the La Colonia Market, located at 2715 South Vermont Avenue in Los Angeles. Protests were filed and an administrative hearing was held on February 17 and 28, 1983. The proposed decision of the administrative law judge recommended that the license application be granted. The department reviewed the entire record in the matter and denied the application on the ground that issuance of the 'license would tend to create or to aggravate an existing law enforcement problem and hence would be contrary to public welfare and morals. (Cal. Const., art. XX, § 22.) The board reversed the department’s decision on the ground it was…