Thorp v. Department of Alcoholic Beverage Control

[490]

GRIFFIN, P. J.

The appellant, petitioner and licensee, here appeals from an order and judgment of the superior court denying his petition for a writ of mandate annulling the decision of the Department of Alcoholic Beverage Control revoking his on-sale general license.

The petitioner operated the licensed premises, known as Art’s Café, in Oildale, Kern County. On May 5, 1956, immediately after the running of the Kentucky Derby, agents of the Department of Alcoholic Beverage Control (hereafter referred to as "Department”) entered the licensed premises and observed petitioner behind the bar. A scratch sheet was observed in an office just off the bar. On May 8 the agents revisited the premises and observed the petitioner take several telephone calls during which he made marks on a scratch sheet in front of him and quoted numbers to the caller. After each telephone call, he made a notation on a white slip of paper. These slips of paper were always folded by petitioner and then placed by him in a cigar box located on the back bar. Also on May 8, Agent Constantine heard a patron ask petitioner, "Are you still making the horses?” Petitioner replied, "Yes, but be quiet about it.” The patron then gave petitioner some money which was then folded inside a white slip of paper by petitioner and placed in the cigar box on the back bar.

On May 9, Agent Hutchins observed two patrons in the premises hand white slips folded over currency to the petitioner. These slips were similar to those Thorp had marked after listening to telephone calls. On Saturday, May 12, Agent Farrell again entered the licensed premises and observed the petitioner receive many telephone calls after which he made notations on white slips of paper which were then put in his trouser pocket. Soon thereafter several deputies from the Kern County Sheriff’s Office and agents of the Department entered the bar, arrested petitioner and searched his person and the premises. Since petitioner does not contend on this appeal that the evidence disclosed by the search is insufficient to support the findings and decision, a detailed statement of the evidence is not required.

During the search, calls were received on petitioner’s telephone from unknown persons who attempted to place horse-racing bets.