Marshall v. O'Connell

Petitioner-respondent’s application for a renewal of his restaurant liquor license has been disapproved by the State Liquor Authority on the ground that the premises were not operated as a bona fide restaurant, in that they were not used and kept open for the servicing of meals as defined by the Alcoholic Beverage Control Law (§3, subd. 27), and that “food sales are low.” Inasmuch as the new matter set forth in appellant’s answer has not been controverted by a reply, the same must be deemed admitted (Civ. Prae. Act, § 1292). From these uncontroverted allegations of the answer it appears: that…