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

The Department of Alcoholic Beverage Control (department) seeks review of an order of respondent Alcoholic Beverage Control Appeals Board (board) reversing a decision of the department which denied an application by real parties for issuance of an on-sale beer and wine license. (Bus. & Prof. Code, § 23090.)

In 1979 real parties applied for an onsale beer and wine license for the Marmalade Max Disco, in Roseville, California. The department denied the license on the ground that it “would create a law enforcement problem for the Police Department of Roseville.” (Bus. & Prof. Code, § 23958.) The board rejected the department’s determination as unsupported by the findings and the findings as unsupported by substantial evidence (Cal. Const., art. XX, § 22, II 7; Bus. & Prof. Code, § 23084, subds. (c), (d)), but affirmed the denial on an alternative ground (zoning restrictions). The department petitioned this court for a writ of review, which we granted. Real parties have since obtained zoning approval and (upon our rejection of the department’s motion for a stay) have been granted an on-sale beer and wine license for their establishment. We affirm the decision of the…