Abc

Santa Ana Food Market, Inc. (the Market) petitions for a writ of review regarding an order of the Alcoholic Beverage Control Appeals Board (the Board) affirming a stayed suspension of its liquor license by the Department of Alcoholic Beverage Control (the ABC). The suspension was based on a single illegal act unrelated to the sale of alcohol by an on-duty employee of the Market without the Market’s knowledge. The Market contends the ABC should have applied a standard of “good cause” instead of “strict liability” in connection with the license suspension. We annul the order.

The Market employed Socorro Guerrero Huerta for seven months. While on duty, Huerta used her own funds to illegally purchase food stamps at half their face value from a confidential informant who was working for the United States Department of Agriculture (USDA). Moments after the sale, Huerta was arrested by undercover police and immediately fired by the on-duty manager.

Huerta had not previously purchased food stamps illegally while on duty. The Market did not know of the illegal purchase because Huerta took steps to conceal it. According to Huerta’s declaration, a man approached her and asked if…