Reimel

Beba and Ricky J. Piccirilli applied to the

Department of Alcoholic Beverage Control for an off-sale liquor license. The Long Beach Unified School District filed a protest against issuance of the license. After a hearing, the department determined that the proposed operation of the applicants would be within the immediate vicinity of a school, and “the issuance of the license would be contrary to public welfare and morals.” A petition for reconsideration was denied by the department, and the Piccirillis appealed to the Alcoholic Beverage Control Appeals Board. The board ruled that “the determination of the department that issuance of this license would be contrary to public welfare and morals is arbitrary and constitutes an abuse of discretion,” and the decision of the department (denying the license) was reversed. The department then filed, in the superior court, a petition for writ of mandate compelling respondent board to set aside its decision and directing it to affirm the department’s decision. The court found that the decision of the board, that the department’s denial of the license was arbitrary and an abuse of discretion, was correct as a matter of law. Petitioner…