The California 4th District Court of Appeal, Division 1, issued an unpublished decision on Friday ordering a rehearing of the liquor license sought by the Barona Band of Mission Indians.

A three-judge panel said the state Department of Alcoholic Beverage Control wrongly placed the burden of proof on people opposing the license. It is the tribe, as an applicant, who must present its case, the panel said.

"We disagree and hold that the applicant bears the burden of proof regarding the applicant's eligibility for a liquor license from the start of the application process until the Department makes a final determination," the decision stated.

Opponents of the Barona Band say the sale of liquor at the tribe's casino will lead to traffic problems.

Get the Story:
ABC told to re-hear Barona's liquor bid (The San Diego Union-Tribune 4/26)

Get the Decision:
Coffin v. Dept. of Alcoholic Bev. Control (April 21, 2006)

Relevant Links:
Barona Band of Mission Indians - http://www.baronatribe.org