Kirby

In each of these consolidated actions the licensee has appealed from a judgment of the superior court granting the Director of the Department of Alcoholic Beverage Control a peremptory writ of mandate commanding the Alcoholic Beverage Control Appeals Board to set aside a decision and order which had reversed a decision of the Department suspending the licensee’s license for sales of liquor at less than the effective minimum price. (Bus. & Prof. Code, § 24755.) In each case the Appeals Board had determined that the evidence did not support the findings of the Department with respect to whether or not there was a publication mailed to all, or substantially all, of the licensees affected by the minimum price schedule which the licensee admittedly violated.

The licensee’s sole contention on appeal is that the court below erred because the Department’s finding of publication in compliance with the statute is based solely on hearsay and therefore the finding is not supported by substantial evidence and was properly set aside by the Appeals Board. The record reveals that the licensee stipulated to facts which satisfy the legal requirements of publication as interpreted by the…