Suzuki

In this action owners of a retail store licensed to sell alcoholic beverages for off-site consumption seek to prevent the City of Los Angeles (City) from using its administrative procedures to impose conditions and restrictions on the operation of their business.

The trial court found application of the City’s ordinance to licensed premises which predated enactment of the ordinance was prohibited under section 23790 of the Business and Professions Code which allows existing licensees to continue operations despite subsequently enacted zoning ordinances. The trial court granted judgment in favor of the store owners to prohibit the city from imposing conditions to abate nuisance activities at their business. In addition, the trial court granted the owners relief from stay of the judgment pending review of this matter on appeal.

We conclude section 23790 does not have a preemptive effect on the ordinance at issue in this case which has as its purpose and effect the abatement of specific nuisance activities at a particular offending location. Accordingly, we reverse the judgment of the trial court. We also vacate the trial court’s order granting relief from stay of the…