CMPB FRIENDS, INC. v. Alcoholic Beverage Control Appeals Board

Petitioner CMPB Friends, Inc., doing business as the Royal Room (petitioner), seeks review of a final order of the Alcoholic Beverage Control Appeals Board (Board) affirming a decision of the Department of Alcoholic Beverage Control (Department) to suspend petitioner’s on-sale liquor license for 10 days. The suspension arises from petitioner’s alleged *1253 violation of Business and Professions Code section 25665 1 by permitting a minor to enter and remain on a public premises licensed by the Department. We hold that the Department’s finding that a 10-minute period of time passed before petitioner checked the identification of the minor, without more, does not compel the conclusion that petitioner violated section 25665. Therefore, we reverse the decision and remand the matter to the Department for further proceedings consistent with the views expressed in this opinion. (§ 23090.3.)

Facts and Procedural History

The Royal Room is a bar that has a license to and does serve alcoholic beverages. On June 15, 2000, at approximately 10:45 p.m., a 20-year-old woman named Celeste Jimenez entered petitioner’s Royal Room with friends and sat at a table. At the time, there were…

The Department of Alcoholic Beverage Control (Department) suspended petitioner’s on-sale alcoholic beverage license for 10 days because it determined petitioner had permitted a minor to remain in its bar for 10 minutes without checking the minor’s identification in violation of the California Constitution, article XX, section 22, and Business and Professions Code section 25665. 1 The Alcoholic Beverage Control Appeals Board affirmed the decision of the Department. Our review of this suspension is limited to a review for substantial evidence. When the evidence and the reasonable inferences drawn from the evidence are stated in the light most favorable to the Department, the Department’s suspension of petitioner’s on-sale alcoholic beverage license must be upheld. It is not appropriate for the court of appeal to substitute its judgment for that of the Department. I would affirm the Department’s suspension order.

Procedural Background

On November 2, 2000, the Department filed an accusation against petitioner CMPB Friends, Inc., doing business as the Royal Room, a bar. The accusation alleged that petitioner, through its employee Jackie Wisniewfski, on June 15, 2000, permitted…

No appearance for Real Party in Interest.

Petitioner CMPB Friends, Inc., doing business as the Royal Room (petitioner), seeks review of a final order of the Alcoholic Beverage Control Appeals Board (Board) affirming a decision of the Department of Alcoholic Beverage Control (Department) to suspend petitioner's on-sale liquor license for 10 days. The suspension arises from petitioner's alleged violation of Business and Professions Code section 25665 [1] by permitting a minor to enter and remain on a public premises licensed by the Department. We hold that the Department's finding that a 10-minute period of time passed before petitioner checked the identification of the minor, without more, does not compel the conclusion that petitioner violated section 25665. Therefore, we reverse the decision and remand the matter to the Department for further proceedings consistent with the views expressed in this opinion. (§ 23090.3.)

The Royal Room is a bar that has a license to and does serve alcoholic beverages. On June 15, 2000, at approximately 10:45 p.m., a 20-year-old woman named Celeste Jimenez entered petitioner's Royal Room with friends and sat at a table. At the time,…