Gore

This is an appeal by Malcolm Harris, Director of the Department of Alcoholic Beverage Control, from a judgment granting a peremptory writ of mandate vacating and setting aside the department’s decision revoking the off-sale general liquor license of James and Mary Gore.

On September 22, 1961, an accusation was filed with the Department of Alcoholic Beverage Control charging James and Mary Gore, the owners of an off-sale general liquor license, with four violations of the Alcoholic Beverage Control Act.

The matter was tried on November 6 and 7, 1961, and the hearing officer for the Department of Alcoholic Beverage Control recommended that the Gores’ license be revoked separately and severally as to each of the four counts under the authority of article XX, section 22, of the Constitution, and Business and Professions Code, section 24200, subdivision (a). The department adopted in its entirety the decision of the hearing officer. The Gores then appealed to the Alcoholic Beverage Control Appeals Board, which affirmed the department’s decision as to Count III only, namely, that they failed to place the license in use within 30 days of its issuance, in violation of Business and…