Heidkamp

Appellants’ liquor license was ordered revoked by the Department of Alcoholic Beverage Control on *517 March 9, 1961, to become effective April 20, 1961. Appellants asked for reconsideration, which was denied, and they appealed to the Alcoholic Beverage Control Appeals Board, which affirmed the decision of the department, and so notified appellants on January 23, 1962. On March 7, 1962, appellants filed their petition for writ of mandate against the Department of Alcoholic Beverage Control, alleging that they did not-have a fair trial, that there was a prejudicial abuse of discretion in that the findings of the department are not supported by substantial evidence, that the decision is not supported by the findings, that the penalty imposed is excessive and is not supported by the evidence or the findings, and that they have exhausted their administrative remedies by unsuccessful appeal to the Alcoholic Beverage Control Appeals Board. They seek a writ commanding the department to set aside its decision and penalty. The Alcoholic Beverage Control Appeals Board is not made a party to the proceeding for writ of mandate.

Demurrer was filed by the department in which it pleads the bar…