Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board CA4/2
Opinion
Opinion
I. FACTS
Arrowhead Elks was established as a nonprofit organization in 1959. There was a
period when Arrowhead Elks was affiliated with the national organization, the Improved
1 In light of this conclusion, we need not address the parties’ arguments regarding whether Arrowhead Elks’s license was also properly revoked for the alternative reason that the organization is no longer qualified to hold the license because of changes in its affiliation and operation. 2 Undesignated statutory references are to the Business and Professions Code.
2 Benevolent Protective Order of Elks of the World, Inc., though that is no longer so.
Arrowhead Elks is the holder of a type 51 club license, which is a type of retail license
issued to a nonprofit club, authorizing sale of beer, wine, and liquor to club members and 3 their guests for on-premises consumption only. (See §§ 23320, subd. (b)(41) [schedule
of licenses and fees], 23425 [defining “club”]; 23431 [describing privileges and
restrictions for club licenses].) The Arrowhead Elks intermittently uses its lodge in San
Bernardino for its own purposes, but also regularly rents the premises out for other
purposes.