Nelson v. Department of Alcoholic Beverage Control

WARNE, J. pro tem.

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An accusation was filed with the Department of Alcoholic Beverage Control charging George L. Nelson, doing business as California Club, the possessor of a general on-sale liquor license, with six violations of the Alcoholic Beverage Control Act. Count I of the accusation charges the keeping of a disorderly house between November 10, 1955, and November 26, 1955. Count II charges that the appellant on the 10th day of November, 1955, permitted one Frances Patterson to solicit an act of prostitution. Count III charges that appellant on the 12th day of November, 1955, permitted one Sally Franklin to solicit an act of prostitution. Count IV charges that appellant on the 17th day of November, 1955, permitted one Ruth Rose to solicit an act of prostitution. Count V charges that appellant between November 10 and November 26, 1955, permitted his licensed premises to be used “as a resort for illegal possessors or users of narcotics, prostitutes, pimps and panderers,” and Count VI charges that on November 26, 1955, appellant permitted his licensed premises to be used by one Yvonne Joyner, a known prostitute, to solicit an act of prostitution.

After a hearing upon the accusations, the Department of Alcoholic Beverage Control, hereinafter referred to as the department, rendered its decision finding the charges to be true and revoked appellant’s license separately and severally as to each count, and the Alcoholic Beverage Control Appeals Board affirmed the department’s decision. The appellant then sought a writ of mandate in the superior court. The court affirmed the decision of the department and denied a peremptory writ of mandate. The appellant has appealed from the judgment of the superior court.

As stated by the trial court, it appears from the evidence “that from November 10th to November 26th, 1955, the premises operated by petitioner were, during the late evening and early morning hours, frequented by known prostitutes, pimps, and panderers and a known narcotics addict, also a known panderer. It is also clear from the evidence that during said

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period the known prostitutes solicited patrons of the establishment and liquor control agents on those portions of the premises upon which the activities permitted by the license were conducted. The activities stated were not only known to the bartender, an employee of the petitioner, but were, in fact, encouraged and participated in by him while he was engaged in the course and scope of his employment with petitioner and while on the premises.”