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Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board6/30/1981
ment's finding runs far afield of
the standard of "'probable impairment.'" The department's view of what constitutes a "law enforcement problem" is broad enough to embrace all establishments for which licenses might be sought; it is difficult to conceive of a bar of which it can be shown that no disturbance will ever occur there. We cannot accept the department's broad interpretation of the statutory standard for denying a license in Business and Professions Code section 23958 for to do so would eviscerate the constitutional standard of "good cause." Accordingly, we hold that the finding that "disturbances sometimes would occur" does not support the department's decision.
The decision of the board is affirmed.
Disposition
The decision of the board is affirmed.
Judges Footnotes
Page 1 2 3 4 California DUI Attorneys
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