Harris

The campus of the University of Southern California is about 200 feet from a public eating place, Irvino’s, owned by the real party in interest here, Irvin B. Levin, who enjoys an on-sale beer license. Students and others frequent the establishment. Levin desires an on-sale beer and wine license. He made application for such a license before the Department of Alcoholic Beverage Control. The application was denied. He asked for a rehearing which was granted and the application was again denied by the Department of Alcoholic Beverage Control. He appealed to the appeals board and the board reversed the department’s decision.

The department filed a petition for writ of mandate in the superior court and, all parties appearing, a full presentation was had of all issues. The court upheld the appeals board, discharging the alternative writ and denying the peremptory writ. Findings and conclusions were filed and the Department of Alcoholic Beverage Control appeals from the judgment.

Because of proximity of the eating place to the university and its patronage by students, the jurisdiction to regulate such business with respect to alcoholic beverages is the question involved in this…