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

Inhis case we are asked to review a decision of the Alcoholic Beverage Control Appeals Board (Board) which reversed a decision of the Department of Alcoholic Beverage Control (Department) denying a petition for an off-sale beer and wine license.

In February 1980, real party in interest John R. Diez, doing business as El Zorro (Applicant), filed an application for an off-sale beer and wine license for premises located at 4417 Lennox Boulevard in Lennox. The Los Angeles County Sheriff protested issuance of the requested license, asserting, “another license in this area would only add to the oversaturation, and increase the police problems.” The Department thereafter issued a notice denying the application and Applicant filed a petition for an evidentiary hearing on the question of whether the license should be granted.

After the matter was heard on February 27, 1981, a proposed decision was issued in which the administrative law judge made certain findings of fact and recommended the protest be sustained and the petition denied. The Department adopted her decision and Applicant appealed to the Board, which reversed the decision, finding the Department had not established…