Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board

We review a decision of the Alcoholic Beverage Control Appeals Board (Board) which reversed a decision of the Department of Alcoholic Beverage Control (Department) denying a petition for an off-premises liquor license.

King O. Taylor, Sr., doing business as Kings’ Liquor & Deli #2 (applicant), applied to the Department on January 27, 1981, for a new license for the premises at 9353 Clairemont Mesa Boulevard, San Diego. After protest was filed by the police, the application was denied because the reporting area had 20 percent more crimes than the average in the city as a whole and the ratio of liquor licenses to population was greater than in the county as a whole. The applicant petitioned for *318 a hearing, and after a hearing the Department’s decision was sustained. Applicant appealed to the Board, which, after briefs and oral argument, reversed the Department saying that to deny a license the Department must find evidence, in addition to that showing the standards of section 61.3 had been met, why the operation of the proposed premises if issued a license would aggravate existing crime problems.

We must determine whether it is the Department or the Board which has…