Harem Corp. v. State Board of Equalization

[87 CalApp2d Page 916] The respondent board filed an accusation alleging that appellant on May 22, 1947, and thereafter did on its premises ""sell, serve or otherwise dispose of alcoholic beverages, other than beer, for consumption on said premises, over or at a public bar or in a public barroom which was not then and there equipped and maintained for the sale and service of meals to the public, and in which meals were not then and there actually sold and served to the public."" This charged a violation of section 22, Article XX of the Constitution and of section 53 of the Alcoholic Beverage Control Act (Stats. 1935, p. 1123, as amended; 2 Deering's Gen. Laws, Act 3796). The board's hearing, conducted by a hearing officer, resulted in a finding that ""ever since May 22, 1947 the respondent has not conducted, and is not now conducting, the premises herein concerned as a bona fide public eating place . . ."" The board suspended appellant's on-sale liquor license indefinitely. Appellant then sought in the superior court an annulment of the board's order by a writ of review. After a hearing judgment went in favor of the board and this appeal was taken.