Coffin

Review of a decision of the Alcoholic Beverage Control Appeals Board affirming a decision of the Department of Alcoholic Beverage Control to grant a liquor license to the Barona Tribal Gaming authority. Decision annulled and matter remanded.

This appeal addresses the following question: which party—the applicant or the protestant—bears the burden of proof during a hearing held by the Department of Alcoholic Beverage Control (Department) regarding an applicant’s petition for a liquor license. The Department, in a decision affirmed by the Alcoholic Beverage Control Appeals Board (Board), placed the burden on the protestants, and granted a liquor license to the Barona Tribal Gaming Authority over the protestants’ objections. We disagree and hold that the applicant bears the burden of proof regarding the applicant’s eligibility for a liquor license from the start of the application process until the Department makes a final determination. Accordingly, the Board’s decision is annulled and the matter remanded.

FACTUAL AND PROCEDURAL SUMMARY

In September 2002, Barona applied for an on-sale general liquor license. In early 2004, the Department’s investigator prepared a report…