GC Brothers Entertainment v. Alcoholic Beverage Control etc.

BACKGROUND

We take the facts from an accusation the Department filed against Petitioner, accepting them as true for purposes of this proceeding. (Code Civ. Proc., § 431.20, subd. (a) [material allegations not controverted by an answer taken as true for purposes of the action].) The Palms, a nightclub, holds an on sale general public premises license issued to Petitioner which authorizes the sale of beer, wine and distilled spirits for consumption on the premises. In September 2019, undercover Department personnel discovered several illicit activities taking place at The Palms, and on January 30, 2020, the Department issued a misdemeanor citation

2 to George Cataloiu, Petitioner’s president, demanding that he appear before the superior court by June 15, 2020. On September 11, 2020, the Department instituted a 40-count accusation against Petitioner, alleging it exceeded its license privileges by knowingly permitting the illegal sale, possession and consumption of alcohol and controlled substances on its licensed premises, and permitting several of its employees to violate the Health and Safety Code, Business and Professions Code, and California Code of Regulations by: consuming…