Garcia

Mary G. Garcia and Rudolfo Arzate, operators of Betsy’s Coffee Shop in Salinas, own an on-sale beer and wine license. They were charged in four counts with violating various sections of the Alcoholic Beverage Control Act. The hearing officer found the licensees guilty of all four charged offenses, and recommended that on counts 1 and 2 the license be suspended for 15 days, and on violations charged in counts 3 and 4 the license should be revoked. The Department of Alcoholic Beverage Control adopted this proposed decision and the Alcoholic Beverage Control Appeals Board, in due course, affirmed. The superior court annulled count 4 and affirmed as to counts 1, 2 and 3. The licensees appeal. The briefs challenge only the validity of the penalty imposed under count 3.

As to count 1, the hearing officer found that on May 16, 17 and 18,1956, the licensees permitted a female employee, Juana Villa, to accept alcoholic beverages from customers. As to count 2, it was found that on May 16 and 17,1956, the licensees permitted Juana Villa to dispense wine from behind a permanently affixed fixture in violation of the act. On each of these two violations the license was suspended for 15 days.…