Nick

Real party in interest and respondent 7-Eleven, Inc. (7-Eleven), applied to the Department of Alcoholic Beverage Control (Department) for a license to sell beer and wine at its store located within defendant and respondent City of Lake Forest (City). Based on the number of other businesses that held liquor licenses in the area, the Department would not act on the application without first receiving a determination from the City that “public convenience or necessity would be served by . . . issuance [of the license to 7-Eleven].” (Bus. & Prof. Code, § 23958.4, subd. (b)(2).) After investigating 7-Eleven’s application, the City concluded that issuing the license would serve public convenience or necessity, and the City forwarded its conclusion to the Department. Plaintiffs and appellants Adam Nick, Sherry Nick, and Adam Nick & Associates, Inc. (collectively, Nick), filed the underlying action to obtain a writ of administrative mandamus compelling the City to set aside its public convenience or necessity decision. The trial court denied Nick’s writ petition and entered judgment in favor of the City and 7-Eleven.

Nick contends we must overturn the City’s public convenience…