Harris v. Alcoholic Beverage Control Appeals Board

WOOD, P. J.

The Alcoholic Beverage Control Appeals Board reversed a portion of a decision of the Department of Alcoholic Beverage Control (that portion which pertained to the last four counts of an accusation—Counts VIII, IX, X, and XI). The department petitioned the superior court for a writ of mandate directing the appeals board to vacate its reversal of said portion of the department’s decision. The petition was granted and the writ was issued. The board

[183]

appeals from the judgment granting the petition and ordering the issuance of a peremptory writ of mandate.

On May 15, 1959, the Department of Alcoholic Beverage Control filed an accusation against Robert L. Swann, a holder of an “on-sale” alcoholic beverage license, who was doing business as “The Lariat” in El Monte. The accusation alleged, in 11 counts, that the licensee had violated, or permitted violations of, certain sections of the Business and Professions Code, namely: section 25658, subdivisions (a)

1

and (b)

2

; and section 25665.

3

(The provisions of said sections are to the effect that it is a misdemeanor (1) to sell alcoholic beverage to a minor, (2) for a minor to consume alcoholic beverage in any on-sale premises, and (3) to permit a minor to enter and remain in the licensed premises without lawful business therein.)

Count I of the accusation alleged that the licensee Swann, “by his waitress,” sold an alcoholic beverage, beer, to one Evans, a minor, who was 18 years of age.

Counts II and III were in substance the same as Count I, except that other minors (Hagan and Bane) were named as vendees.

Counts IV, V, VI, and VII alleged that the licensee permitted said minors, Evans, Hagan, and Bane (who were named in the preceding counts), and another minor, Tipton, to consume beer upon the licensee’s premises.

Counts VIII, IX, X, and XI alleged that the licensee permitted the said minors, Evans, Hagan, Tipton, and Bane, respectively, to enter and remain on the licensed premises when they were without lawful business therein.