Boccato

Frank Boccato and Ronald Duffaut (Boccato and Duffaut or appellants) appeal the dismissal of their action challenging an ordinance enacted by the City of Hermosa Beach (the City) that required them to obtain conditional use permits in order to continue to sell alcoholic beverages at their respective businesses, Boccato’s Groceries and Dan’s Liquor.

Boccato’s Groceries and Dan’s Liquor are licensed by the state Department of Alcoholic Beverage Control (the ABC) to sell alcoholic beverages and have been so licensed continuously for the more than 20 years each has been in business. Neither business has a history of complaints from their neighbors nor police problems. In 1976, the City enacted an ordinance that required a conditional use permit (CUP) as a prerequisite for operation of off-sale liquor businesses like appellants’. Since appellants’ businesses preexisted the 1976 ordinance, they were not required to comply with it. In 1986, however, the City enacted the ordinance at issue here, Ordinance No. 86-865 (the Ordinance). The Ordinance required all off-sale liquor businesses, including appellants, to obtain CUP’s if they wished to continue to sell alcoholic beverages…