Jack P. Meyers, Inc. v. Alcoholic Beverage Control Appeals Board

On November 24, 1961, the Department of Alcoholic Beverage Control filed an accusation in three counts against its licensee, Jack P. Meyers, Inc., dba The Ivanhoe, respondent, upon this appeal.

Count I charged that continuance of the license would be contrary to public welfare and morals in that William Edward Cook, sole stockholder and president of respondent licensee corporation, is an unfit and improper person to hold an alcoholic beverage license by reason of his record of arrests and convictions. Count II charged that Cook had made a misstatement of material fact under oath in an affidavit filed in connection with his approval as president of the licensee corporation in that he failed to admit six arrests. Count III charged certain other misstatements in respect of an army discharge.

After respondent filed a notice of defense to the charges, a hearing was held before a hearing officer of the Office of Administrative Procedure. Cook’s defense to Count I was he had not been in trouble with the law since 1954; he was a changed man since his youthful days of indiscretion; he now participated regularly in community and charitable affairs, and as a consequence he was completely…