Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Board

Petitioner Caressa Camille, Inc. (Caressa), petitioned for judicial review of an order of the Alcoholic Beverage Control Appeals Board (the board) affirming a decision of the Department of Alcoholic Beverage Control (the department) revoking Caressa’s liquor license for a bar it owns known as Joey’s. The department revoked the license following an administrative hearing at which Caressa, a corporation, was represented , by its president, who stipulated to facts establishing that (1) one of Caressa’s employees sold beer to two “decoys” under the age of 21 years, and (2) the department had disciplined Caressa on two previous occasions for furnishing alcohol to minor “decoys.”

Caressa seeks annulment of the order and decision on two grounds: (1) the department lacked jurisdiction to proceed against Caressa’s license because Caressa was not represented by counsel during the hearing, and (2) the department abused its discretion by revoking the license.

As a matter of first impression in the State of California, we hold that the general common law rule in this state requiring corporations to be represented by counsel in proceedings before courts of record other than small…