Dept. of Alcoholic and Beverage Control v. Alcohol
Petitioner Department of Alcoholic Beverage Control (the Department) issued a 45-day suspension of an on-sale general public premises license held by real party in interest BMGV, LLC, doing business as “Atmosphere” (BMGV). The discipline was imposed based on a sustained accusation that BMGV was maintaining its premises, known as Club Atmosphere, as a disorderly house (Bus. & Prof. Code, §§ 24200, subd. (b), 25601 ), and creating a law enforcement problem such that the continuation of the license would be contrary to public welfare or morals (Cal. Const., art. XX, § 22; § 24200, subd. (a).) Respondent Alcoholic Beverage Control Appeals Board (the Board) annulled the Department’s decision and recommended dismissal of the accusation on the ground of insufficient evidence. In light of its decision, the Board did not address BMGV’s additional argument that dismissal was warranted on the ground of selective or discriminatory prosecution or BMGV’s challenge to the imposed dis
Comments on Dept. of Alcoholic and Beverage Control v. Alcohol