Walsh v. Department of Alcoholic Beverage Control

Defendant Department of Alcoholic Beverage Control (hereinafter sometimes called “the department”) appeals from a judgment, entered in a citizen’s action, directing issuance of a peremptory writ of mandate restraining defendant from granting an application for transfer of a general off-sale liquor license to certain premises located on Telegraph Avenue in Berkeley.

The ultimate issue presented is one of statutory construction. In applying the prohibition set forth in Penal Code section 1721 against the sale of intoxicating liquor “with*759in one mile of the grounds belonging to the University of…