Fireweed Bakery and Cafe owner Avi Gillett told the state Alcoholic Beverage Control Board he would appeal its decision Tuesday to award a beer and wine license to the Wild Strawberry.

If Gillett follows through, a review hearing of the decision will be held later this summer, possibly in Haines. Final appeal is through state Superior Court.

Board member Joe Thomas, owner of Juneau's Triangle Bar, drew the Wild Strawberry from a hat after the four-person board was unable to disqualify any of three eating places vying for the license. Mountain Market and Fireweed Bakery also applied.

The Anchorage-based board made its decision after hearing telephonic testimony from the three applicants for about 25 minutes and reviewing 45 pages of applications, photos and other documents.

"The board thought they were all on equal footing, in terms of the criteria. They felt all three were good applicants," said Doug Griffin, the group's director.

In an interview after the decision, Gillett said he disagreed that all three eateries were equally qualified for the license. He said his restaurant has offered dinners since opening, has a unique menu, and is the only applicant with a fire marshall-approved fire suppression hood over its range.

"We have the tools of the restaurant trade... I'm definitely appealing and getting a lawyer," Gillett said.

Gillett opened his Fort Seward restaurant last fall. He told the board he also would base his appeal on being open year-round. Wild Strawberry has closed in recent winters, although the board had that information when it made its decision.

The ABC Board's Griffin speculated that the schedule argument might carry some weight. "On the face of it, it has some validity. Whether it has enough to have the board reverse its decision remains to be seen."

Griffin said the board was well-prepared to make its decision. "I think they had a real good handle on what the businesses looked like and how they operate."

Mountain Market, a nine-year-old business, also is open year-round. Manager Mary Jean Sebens said she won't appeal. She said she was satisfied with the process leading to the decision, which she believed was fair.

Under the appeal process, Alaska Gov. Tony Knowles would appoint an attorney to serve as a hearing officer. The officer would act as a judge in a court-like proceeding, with Gillett making his case and state attorney defending the board's decision.

State law gives the board wide discretion in its decision making, so Gillett may have an uphill battle. The hearing officer judges the facts of the decision and reviews the board's legal interpretation of decision guidelines.

The officer's findings go back to the ABC Board, which can accept them in whole or part, or reject them. "It's pretty difficult for a hearing officer to play Monday morning quarterback. You've got to show (the board) was totally out to lunch or something," Griffin said.

Gillett said he may pursue the matter to court if the administrative appeal fails. "I'm looking for justice and truth," he said.

The license won't be awarded until the appeals process is completed, Griffin said.