Martin

The petitioner seeks a writ of mandamus to compel the Board of Supervisors of Lake County to issue to her a license to sell nonintoxicating beverages at a restaurant in Nice. It is contended the application therefor was arbitrarily denied without affording the petitioner an opportunity for a legal hearing thereof.

On May 22, 1933, pursuant to the provisions of section 4041.14 of the Political Code, in the exercise of its police power, the Board of Supervisors of Lake County enacted Ordinance No. 202 under the provisions of an act of the legislature enacted in April, 1933, entitled:

The ordinance provides in part:

The selling of beverages contrary to the provisions of this ordinance is made a misdemeanor and punishable by a fine not to exceed $500, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

Upon a form supplied to the petitioner by the clerk as prescribed by the Board of Supervisors, she filed a verified application for license which conforms in every respect to the requirements of the ordinance. Without any hearing by the Board of Supervisors and without opportunity on the part of the petitioner to offer proof in…