Rondon

We issued a writ of review in this matter to consider an administrative decision revoking the petitioner’s liquor license. Applying recent California Supreme Court precedent, we now reverse the revocation.

BACKGROUND

The petitioner here is Marco A. Rondon (Rondon), holder of an on-sale beer and wine license for his business, Andiamo Pizza & Cafe. Respondents are the Department of Alcoholic Beverage Control (the Department), which revoked petitioner’s license, and the Alcoholic Beverage Control Appeals Board (the Board), which affirmed the revocation.

Administrative Proceedings

In July 2004, the Department filed an accusation against Rondon, seeking revocation of his license based on several allegations, including his 2002 conviction by plea for misdemeanor theft, which the Department deemed an offense involving moral turpitude. In November 2004, the Department filed an amended accusation with a single count, asserting Rondon’s 2002 theft conviction as evincing moral turpitude.

In January 2005, an adjudicatory administrative hearing on the accusation was conducted by an administrative law judge (ALJ). In February 2005, the ALJ issued a proposed decision, finding that…