Rice

*374 Opinion

—The Director of the Department of Alcoholic Beverage Control seeks review of an order of respondent Alcoholic Beverage Control Appeals Board which reversed a decision of the department denying an application by real party Anthony V. Machiano for issuance of an on-sale beer and wine license.

On November 4, 1976, Machiano applied for a license for a restaurant which he planned to open at a hotel in South San Francisco. The South San Francisco police filed a protest, alleging that to issue a license for the designated premises “would be contrary to public welfare and morals, and would greatly aggravate an already existing police problem.” The department denied the application, stating three grounds for that action:

At the request of Machiano the matter was then heard before an administrative law judge. At that hearing evidence was taken and the judge rendered a proposed decision of denial. The department adopted the proposed decision, and real party in interest appealed to respondent appeals board. The board reversed the decision of the department, whereupon the department sought further review in this court.

The power of the appeals board in reviewing license…

I dissent.

An appeal was filed with respondent appeals board on the grounds that the department’s decision was not supported by the findings and the findings were not supported by substantial evidence in the light of the whole record.

The jurisdiction vested in the appeals board in reviewing decisions of the department as prescribed by article XX, section 22 of the California *379 Constitution, and section 23084 of the Business and Professions Code, is limited to the following grounds as set forth in the aforesaid constitutional provisions: “When any person aggrieved thereby appeals from a decision of the department ordering any penalty assessment, issuing, denying, transferring, suspending or revoking any license for the manufacture, importation, or sale of alcoholic beverages, the board shall review the decision subject to such limitations as may be imposed by the Legislature. In such cases, the board shall not receive evidence in addition to that considered by the department. Review by the board of a decision of the department shall be limited to the questions whether the department has proceeded without or in excess of its jurisdiction, whether the department has proceeded…