Harris

The Alcoholic Beverage Control Appeals Board (hereinafter called the board) appeals from a superior court judgment ordering that a peremptory writ of mandate issue compelling the board to vacate an order denying the motion of the Department of Alcoholic Beverage Control (hereinafter called the department) to dismiss the appeal of Willie and Beatrice Ward (hereinafter called the Wards) from a decision of the department denying the Wards’ application for an on-sale beer license.

Question Presented.

How is time computed on appeal from the decision of the department ?

Record.

June 17, 1959, the Wards filed with the department an application for an on-sale beer license. August 27, the application was denied. On petition by the Wards a hearing was held before a department hearing officer. December 1, 1959, the hearing officer’s proposed decision recommending denial of the application was filed. This proposed decision was adopted by the department, and on December 17 mailed from Sacramento to the Wards at Port Chicago. January 27, 1960, the Wards filed an appeal with the board. January 29, the department filed a motion to dismiss the appeal on the ground that it was not timely filed.…