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DEPT. OF ALCOHOLIC BEVERAGE CONTROL v. ALCOHOLIC BEVERAGE CONTROL APPEALS BD.

No. S133331.

50 Cal.Rptr.3d 585 (2006)

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent; Daniel Becerril Quintanar, Real Party in Interest. Department of Alcoholic Beverage Control, Petitioner, v. Alcoholic Beverage Control Appeals Board, Respondent; KV Mart Co., Real Party in Interest. Department of Alcoholic Beverage Control, Petitioner, v. Alcoholic Beverage Control Appeals Board, Respondent; Richard Leun Kim, Real Party in Interest.

Supreme Court of California.

November 13, 2006.

Attorney(s) appearing for the Case

John R. Pierce, San Diego, Nicholas R. Loehr, Matthew G. Ainley, Cerritos, Thomas M. Allen, Sacramento, and Kerry K. Winters, for Petitioner.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Tom Greene and James Humes, Chief Assistant Attorneys General, Jacob A Appelsmith and J. Matthew Rodriguez, Assistant Attorneys General, Silvia M. Diaz, Graeme E. Sharpe, Richard M. Frank and Joseph Barbieri, Deputy Attorneys General, as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Solomon, Saltsman & Jamieson, Ralph Barat Saltsman, Stephen Warren Solomon, Playa Del Rey, Ryan M. Kroll and Claire C. Weglarz, Los Angeles, for Real Parties in Interest.

WERDEGAR, J.

The Department of Alcoholic Beverage Control (Department) has exclusive licensing authority over entities that sell alcoholic beverages. Its procedures for adjudicating whether licensees have violated the terms of their licenses include an evidentiary hearing at which a Department prosecutor makes the Department's case to an administrative law judge (ALJ), and a second level of decisionmaking in which the Department's director or a delegee decides whether...

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