Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board CA4/2

STATEMENT OF THE CASE

The underlying proceeding involves an accusation filed by the Department of

Alcoholic Beverage Control (ABC) against Circle K Stores, Inc. (Circle K) in which it

was alleged that on May 20, 2014, 19-year-old Mariah Daily was sold an alcoholic

beverage by a Circle K clerk.

On the date set for hearing of the matter, September 18, 2014, Daily—who had

acted as a decoy—failed to appear. Counsel for the ABC requested a continuance, noting

that the minor had been properly subpoenaed and also informing the court that the minor

was apparently in route. The administrative law judge (ALJ) granted a continuance.

At the renewed hearing on November 19, 2014, counsel for Circle K attempted to

inquire about the subpoena, apparently hoping to challenge whether it had been properly

1 All further statutory references shall be to the Business and Professions Code unless otherwise indicated.

2 served on Daily. However, the ALJ refused to permit such inquiry, casting the matter in

terms of whether it was appropriate to revisit a ruling on the previous continuance. The

ALJ subsequently issued a proposed decision, finding that Circle K’s clerk sold an

alcoholic…