California Court of Appeal

Decision of the Department of Alcoholic Beverage Control granting real party in interest 7-Eleven a license to sell beer and wine at its store located in the City of Lake Forest is affirmed, where: 1) petitioner cites nothing in the language of the Alcoholic Beverage Control Act, Business and Professions Code section 23958.4, or any case authority to support his contention that the Department must independently make its own public convenience or necessity determination; 2) the Department's reliance on the City's public convenience or necessity determination did not cede authority to the City, as the Department still retained the discretion and final decision on whether to issue the license, and the City's public convenience or necessity determination was only one of many factors bearing on this final decision; 3) the City's public convenience or necessity determination was reasonable and supported by substantial evidence; and 4) denial of the license on grounds of material misrepresentation was not required, as the decision of the Alcoholic Beverage Control Appeals Board to remand the misrepresentation issue to the Department for further consideration will determine whether further action is required.

Appellate Information

• Decided 01/16/2015
• Published 01/16/2015

Judges

• Aronson

Court

• California Court of Appeal

Counsel