Harris

The Department of Alcoholic Beverage Control (referred to herein as the department) has appealed from a judgment of the superior court denying a petition for a writ of mandate by which petitioner sought to reverse a decision of the Alcoholic Beverage Control Appeals Board (referred to herein as the appeals board) which set aside a decision of the department suspending an on-sale beer license held by Arnold P. Payseno and Mary Satterly.

The licensees operate a business called the “Blue Jackets” in San Diego, California. In October 1958 the Armed Forces Disciplinary Control Board requested the licensees to appear before it in response to an accusation which had been made with regard to homosexual activity on the premises of the licensed establishment. One of the licensees and his attorney attended the hearing, but left after they were informed that no witnesses would be sworn or allowed. Thereafter, the licensees received written notice from the department that the licensed premises had been placed “off limits” to military personnel. Three daj^s later, agents of the department requested the licensees to post two “off-limits” signs on their premises. This the licensees refused to…