Parente

This cause is before us upon the application of the above-named petitioner praying that a writ of mandate be directed to the respondent directing and commanding the respondent to issue an “on sale” beer and wine license for premises situate at No. 154 Columbus Avenue, in the city of San Francisco.

It appears from the record that on or about the third day of April, 1934, the petitioner above named caused to be filed with the State Board of Equalization an application for an “on sale” beer and wine license, sales to be made at a restaurant conducted by the petitioner at 154 Columbus Avenue, San Francisco.

The application was made upon a blank furnished by the respondent, all questions upon the blank appearing to be answered in accordance with the rules and regulations of the respondent applicable to applications for “on sale” beer and wine licenses.

Following the application of the petitioner for an “on sale” beer and wine license, a protest against the issuance thereof was filed by William J. Quinn, chief of police of the city and county of San Francisco. Thereupon the petitioner applied for a hearing, and time for the hearing was set by the respondent, and notice thereof given…