Stroh

Business and Professions Code section 23090 et seq. provides that the Supreme Court and the Courts of Appeal have exclusive jurisdiction to review orders or decisions of the Department of Alcoholic Beverage Control (the ABC) which impose penalties on liquor licensees. This appeal presents a single question: May a liquor licensee, threatened with suspension or revocation of its license, avoid the statutory limitations on judicial review of disciplinary actions if the licensee files a declaratory relief action in superior court before the ABC has acted on the disciplinary action? The trial court concluded, and we agree, that the statutory limitations on judicial review cannot be circumvented by a “race to the court house.” We will affirm.

I. Factual and Procedural Background

A. Facts

Because this appeal is from a judgment sustaining a demurrer without leave to amend, we accept as true the facts as alleged in the complaint. Appellant, American Drug Stores, Inc., is the holder of a liquor license from the ABC and operates SAVON Drugs, a retail store in El Cajon at which alcoholic beverages are sold. The ABC has accused appellant of selling alcoholic beverages to minors in…