Koss

The instant appeals are from judgments directing issuance of writs of mandate in two proceedings, which were consolidated for trial, seeking a review of an order of the Alcoholic Beverage Control Appeals Board, one of the appellants herein, which set aside an order of the Department of Alcoholic Beverage Control, one of the respondents on appeal, granting the transfer of an *492 on-sale liquor license for use on premises known as the ‘1 Mont-Vista Lodge. ’ ’

Martin Koss, the other respondent on this appeal, filed an application with the Department of Alcoholic Beverage Control to transfer to himself an on-sale general liquor beverage license for a bona fide eating establishment to be located at the “Mont-Vista Lodge,” which he recently had purchased and intended to operate. The members of a nearby church, and residents in the vicinity, protested the transfer upon the ground that the subject premises were in the vicinity of a church; also were in a residential area; use of the license would interfere with the quiet enjoyment of the residents of that area; and issuance thereof would be contrary to public welfare or morals. Originally, the application was denied. Thereupon, pursuant…