Fromberg

Fromberg v. Department of Alcoholic Beverage Control

Good Law
169 Cal. App. 2d 230·1959 Cal. App. LEXIS 2058·337 P.2d 123
Court of Appeal of CaliforniaMarch 30, 1959Civ. No. 23452California1,746 words

Opinion

Lead Opinion

Ashburn, J.

Appeal from judgment denying petition for peremptory writ of mandate which would require respondents to set aside an order revolting petitioner’s on-sale liquor license.

Petitioner’s license covered a place known as Chuck’s Play Room at 733 North Main Street, Los Angeles, which was operated by his bartender, Henry Mestas. Petitioner himself conducted a liquor store at 901 North Alameda Street, Los Angeles, and visited Chuck’s Play Room about twice a week in the afternoon when the place was supposed to be closed. His major contention is that the license was revoked because of narcotics transactions conducted or permitted by Mestas without any showing of knowledge on appellant’s part.

The accusation is in two counts, charging violation of sections 24200, subdivision (a), 24200, subdivision (b), 24200, subdivision (e), 24200.5, subdivision (a) and 25601, Business and Professions Code. The first count alleges that petitioner, the licensee, between February 3, 1956, and February 29, 1956, kept and permitted his said premises (Chuck’s Play Room) to be used for purposes “which were then and there injurious to the public morals, health, convenience and safety in that said premises were…

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