Outudoor Resorte/Palm Springs Owners' Ass'n v. Alcoholic Beverage Control Appeals Board

Outdoor Resorts/Palm Springs Owners’ Association (Owners’ Association) petitions for a writ of review, challenging the Alcoholic Beverage Control Appeals Board’s (Board) denial of Owners’ Association’s request for a duplicate license. Owners’ Association contends that the Board erred in interpreting the term “duplicate license” to mean a separate license and in resolving a conflict in the controlling statutes in a manner which nullified certain of their provisions. Owners’ Association also claims that the Department of Alcoholic Beverage Control (Department) should be ordered to issue a duplicate license because it failed to act within statutory time limits.

Factual and Procedural History

Owners’ Association is a recreational vehicle resort and country club similar to a condominium project. The owners of the 1,213 separate lots within the project are members of Owners’ Association and share ownership of the common areas, including private streets, clubhouses and recreational facilities. Owners’ Association holds a club liquor license under which it operates a bar in one of those clubhouses.

Owners’ Association applied to the Department for a duplicate type-51 clubhouse…