2461 Corporation t/a Madam's Organ Restaurant v. District of Columbia Alcoholic Beverage Control Board

Summary

The District of Columbia Court of Appeals reviewed sanctions imposed by the Alcoholic Beverage Control Board against a restaurant for allegedly increasing its occupancy without Board approval. The court held that the Board's finding was not supported by substantial evidence because the record did not establish that the restaurant's 99-seat certificate of occupancy limited the total number of patrons or that the restaurant had substantially changed its operations. The court reversed the Board's order.

Holdings

1. The Board's finding that petitioner substantially changed its operations by increasing occupancy without Board approval was not supported by substantial evidence in the record as a whole and lacked a rational connection to the facts found.
2. The record did not establish that the references to a capacity of 99 or 99 seats imposed a limit of 99 total patrons who could be present in the establishment at one time.

Questions Presented

1. Whether the Board's finding that petitioner substantially changed its operations by increasing occupancy without Board approval was supported by substantial evidence.
2. Whether the references to capacity and seating in petitioner's license application, certificate of occupancy, voluntary agreement, and Class CR license established a limit of 99 total patrons rather than a limit on seated patrons.

Disposition

reversed