CLUB INC v. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL

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District Court of Appeal, Second District, Division 2, California.

J-J CLUB, INC., dba Ringside, a corporation, Petitioner and Appellant, v. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL of the State of California, Russell S. Munro, Director of the Department of Alcoholic Beverage Control of the State of California, Alcoholic Beverage Control Appeals Board of the State of California, Defendants and Respondents.

Civ. 23077.

Decided: February 19, 1959

Allan M. Myerson and Alexander Googooian, Los Angeles, for appellant. Edmund G. Brown, Atty. Gen., Edward M. Belasco, Deputy Atty. Gen., for respondents.

This is an appeal from an order denying a petition for writ of mandate to compel the Alcoholic Beverage Control Appeals Board to hear and determine the merits of an appeal from a decision of the Department of Alcoholic Beverage Control revoking appellant's ‘on-sale’ liquor license. The controlling issue is the timeliness of appellant's notice of appeal to the Appeals Board; the facts bearing upon said issue are essentially the same as those presented in Pesce v. Department of Alcoholic Beverage Control, 51 Cal.2d 310, 333 P.2d 15.

On the authority of that decision the order here appealed from is reversed.

HERNDON, Justice.

FOX, P. J., and ASHBURN, J., concur.

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