Modification: Dept. of Alcoholic Beverage Control v. ABC Appeals Board

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL,

Petitioner,

v.

ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD,

Respondent;

KAJLA PETROLEUM, INC.,

Real Party in Interest.

No. C085199

(Alcoholic Beverage Control Appeals Board No. AB-9590)

California Courts of Appeal

Third Appellate District

(Sacramento)

Filed December 19, 2018

THE COURT:

It is ordered that the opinion filed herein on November 26, 2018, be modified as follows:

1. On page 11 in the last paragraph of Part II, remove the language "and the Department's failure to seek review of and its certification of previous decisions sharing Kajla's interpretation of the same or similar language"

The paragraph shall now read:

Based on the language of the single beverage condition, when read in context with the other 14 conditions and the need for clarity in a license condition, we conclude Kajla did not violate the single beverage condition as the Department accused. The Department exceeded its jurisdiction in finding a violation of condition three.

As modified, the petition for rehearing is denied. This modification does not change the judgment.

FOR THE COURT:

Hull, Acting P. J.

Murray, J.

Duarte, J.