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HARRIS v. ALCOHOLIC BEVERAGE CONTROL APPEALS BD.

Docket No. 20075.

201 Cal.App.2d 567 (1962)

20 Cal. Rptr. 227

MALCOLM E. HARRIS, as Director of the Department of Alcoholic Beverage Control, Plaintiff and Appellant, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

March 19, 1962.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, and Wiley W. Manuel, Deputy Attorney General, for Plaintiff and Appellant.

Leo K. Gallant, Associate Counsel, Cornish & Cornish, Francis T. Cornish and Martin, Rigney & Martin for Defendants and Respondents.

AGEE, J.

The Berkeley Women's City Club is located within one mile (about 500 feet) of the University of California, at Berkeley. Its application for a club license to sell alcoholic beverages within its premises was denied by the Department of Alcoholic Beverage Control on the ground that use of such a license would be in violation of section 172 of the Penal Code. On appeal by the club, the Alcoholic Beverage Control Appeals Board reversed the decision of the department...

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