Lee V. Superior Court

Chee Lee, on April 5, 1955, was issued an off-sale retailer's license to sell beer and wine. Such a license is designated Series No. 10 and authorizes the recipient to sell beer and wine only in the original package for consumption off the premises. The license was issued authorizing its use at the corner of 56th Street and Guadalupe Road in Maricopa County. Thereafter application to transfer the license to Lot 9, Block 1, Lynwood Tract, in Guadalupe was approved by the superintendent of liquor licenses and control on June 21, 1955. On June 28th, J. M. Morris filed an appeal in the superior court against John A. Duncan, superintendent of liquor licenses and control, alleging that the applicant (Chee Lee) did not possess the capabilities and qualifications required by law; that the public convenience will not be served by the issuance of the licenses; that the premises upon which the license was granted are within 300 feet of public school premises; that the quota for Series No. 10 licenses for Maricopa County has been exceeded; and that the public convenience will not be substantially served by the transfer of the license.