Foodmaker, Inc. v. Alcoholic Beverage Control Appeals Board

Petitioner seeks review of a decision of the Alcoholic Beverage Control Appeals Board (“board”), which affirmed a decision of the Department of Alcoholic Beverage Control (“department”) revoking liquor licenses which petitioner claimed the right to use and denying petitioner’s applications for transfer of the licenses to it and for issuance to it of a license previously approved for issuance to one of petitioner’s predecessor corporations on completion of certain premises. The action taken by the department and the board was contrary to the recommendation made by the hearing *607 officer, who had issued a proposed decision granting petitioner the relief it sought.

Facts: On October 1, 1970, petitioner became the successor by merger to Foodmaker Commissary, Inc. (“FCI”). Prior to that time, FCI was wholly owned by Foodmaker, Inc. (“FI”), a corporation which had the same name as petitioner now has. FI, in turn, was owned 99.96 percent by Ralston-Purina Company, which also owned 100 percent of the stock of Checkerboard Properties, Inc. (“CPI”). In the reorganization which took place on October 1, 1970, Ralston-Purina Company transferred all its shares in FI to CPI, which by…