Savoy Club v. Board of Supervisors

Petitioner corporation, of which George Bassman is a stockholder, was issued a license by defendant Welfare Commission to conduct a card club. The license was revoked by the commission after a hearing on an accusation filed by the sheriff’s department alleging violations of certain gambling ordinances. The license appeals board having denied appeal from the commission’s decision, petitioners sought a writ of mandate (as well as a declaratory decree) directing the commission to set aside its decision. Relief was denied, and petitioners appeal from the judgment.

The accusation contained a single count that on September 25 and 26, 1968, the licensee and/or its agents allowed, engaged in and permitted gambling to be conducted upon its premises in violation of ordinances 461.21 (gambling) and 461.22 (permitting). Defendants, after due service of the accusation, filed notice of defense. Subsequently on October 11, 1968, and apparently it is not disputed, defendant commission notified petitioners’ attorney (Burton Marks) that the hearing on the accusation was scheduled for October 23, 1968; it is further undisputed that at Mr. Marks’ written request a continuance was granted…