Dep't of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd.

*413 The Department of Alcoholic Beverage Control (the Department) petitioned for a writ of review to annul the decision of the Alcoholic Beverage Control Appeals Board (the Appeals Board) and reinstate the Department's decision sustaining four accusations against licensee Kajla Petroleum, Inc. and suspending Kajla's license to sell alcoholic beverages. The Department asserts that Kajla violated two conditions of its license relating to prohibitions on the *197 sale of single beer or malt beverages and exterior advertising of alcoholic beverages. The Department contends the Appeals Board improperly substituted its own interpretation of one of the conditions (condition three, the single beverage condition) and relied on decisions of the Appeals Board that were not precedential and that misinterpreted that condition. It further contends the other condition at issue here (condition two, the advertising ban) *414 was reasonable and argues that a disciplinary hearing is not the proper venue for challenging the reasonableness of a license condition in any event.

We agree with the Department only as to the impropriety of the reasonableness challenge. We annul the decision of the Appeals…