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

We issued a writ of review, pursuant to Business and Professions Code section 23090, to consider a claim by the Department of Alcoholic Beverage Control (Department) that the Alcoholic Beverage Control Appeals Board (Board) exceeded its jurisdiction in reversing a decision of the Department, revoking the license of ALQ Corporation the real party in interest (RPI). We vacate the Board’s order and affirm the decision of the Department.

RPI operates an establishment known as Star Strip under a conditional onsale liquor license issued to it by the Department. The license was conditioned pursuant to sections 143.3 and 143.4 of chapter 1, title 4 of the California Administrative Code which, inter alia, restrict the presentation of nude entertainment in establishments where food is served.

The Department filed an accusation against RPI alleging violations of the license conditions and further alleged, for purposes of fixing the penalty, that RPI had previously twice been disciplined for the same violation.

RPI requested and obtained a hearing before an administrative law judge pursuant to the California Administrative Procedure Act (Gov. Code, § 11500 et seq.). At the…