Nick

— In this original proceeding, petitioners Adam Nick and Sherry Nick (collectively, Nick) challenge respondent Department of Alcoholic Beverage Control’s (Department) decision granting real party in interest 7-Eleven, Inc. (7-Eleven), a license to sell beer and wine at its store located in the City of Lake Forest (City). The Alcoholic Beverage Control Act (Bus. & Prof. Code, § 23000 et seq.; hereinafter Act) prohibits the Department from issuing a license that would result in or add to an undue concentration of licenses unless the local governing body of the area where the applicant premises is located determines that issuing the license would serve “public convenience or necessity.” (§ 23958.4, subd. (b)(2); see id,., § 23958.) The City determined issuing the license would serve public convenience or necessity and the Department relied on that determination in granting 7-Eleven’s application.

In the published portion of this opinion, we address Nick’s contention the Department improperly “ceded” its exclusive constitutional authority by treating the City’s public convenience or necessity determination as binding and conclusive, rather than independently making its own…