Adler
Adler v. Department of Alcoholic Beverage Control
Opinion
Lead Opinion
Stone, J.
This is an appeal by Sidney Adler, the licensee, from a judgment of the Superior Court of Alameda County denying his petition for a writ of mandate to set aside a decision of the Department of Alcoholic Beverage Control revoking his license.
The appellant is the operator of The Rose Room, a taxi-dance establishment in Oakland, for which he obtained an on-sale beer license in January of 1954. On January 17, 1956, an accusation in two counts was filed by the department. Count I charged that the licensed premises were used as a disorderly house; Count II charged that the appellant had permitted one Emily Young to solicit customers to purchase alcoholic beverages for her. The hearing officer found that the charges in Count II were not true, but recommended revocation of appellant’s license for violation of section 25601 of the Alcoholic Beverage Control Act (Bus. & Prof. Code, §§ 23000-26000) as charged in Count I. The board found that cause for disciplinary action had been established under section 24200, subdivision (b), of the statute. † On November 13, 1956, the department adopted the hearing officer’s recommendation and ordered revocation effective January 2, 1957.