Munro

Munro v. Alcoholic Beverage Control Appeals Board

Good Law
169 Cal. App. 2d 294·1959 Cal. App. LEXIS 2068·337 P.2d 83
Court of Appeal of CaliforniaApril 1, 1959Civ. No. 18142California1,073 words

Opinion

Lead Opinion

Hanson, J.

On the petition of the Director of the Department of Alcoholic Beverage Control, the superior court granted a writ of mandate ordering the respondent Alcoholic Beverage Control Appeals Board to set aside its decision and order thereon which reversed the director, who had found the licensees guilty as charged in Count II of an accusation of violating the Alcoholic Beverage Control Act and article XX, section 22, of the state Constitution and as a consequence had suspended their liquor license for 30 days.

The narrow question here at issue in its final analysis is whether the Board of Appeals had the jurisdiction and power *295 to enter the order it did. The superior court said it did not and we are of the same opinion.

Accordingly, we turn to a recital of the material facts upon which our decision must rest.

The accusation against the licensees charged in four counts that for a considerable length of time they had permitted the licensed premises to be used as a disorderly house. Count II with which we are here concerned charged that for such period of time the licensees permitted persons to become intoxicated on the premises and that intoxicated persons were permitted to remain…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.