Kirby

By this writ of review, the Department of Alcoholic Beverage Control seeks annulment of the order of the A. B. C. Appeals Board reversing a disciplinary decision of the department.

Dan Kane, Inc. holds an on-sale liquor license under which it operates the Tally Ho in San Francisco. Mr. Kane, president and sole stockholder of the corporate licensee, devoted the evening of July 5, 1967 to increasing the business of other bars. His pilgrimage ended in a fracas at the Transaction. A disciplinary proceeding ensued. At the department hearing, there was, evidence that Kane was intoxicated, loud, boisterous and physically belligerent to other customers at the Transaction. Two special investigators of the department identified themselves, showed their badges, and told Kane they wanted to talk to him. He profanely announced his disregard for the A.B.C. and wrestled one of the agents to the floor. As the two agents sought to subdue him, he kicked both. When he was handcuffed and being removed by police, he again kicked one of the investigators.

The department ordered revocation of the license, but stayed the revocation for two years, the stay being conditioned upon a 30-day…