The opinion of the court was delivered by: CURRAN
This is an action in the nature of a petition for a writ of mandamus to require the Alcoholic Beverage Control Board to issue a Retailer's Class 'C' license to Clore Restaurant, Inc., a body corporate, organized and existing under the laws of the District of Columbia, and doing business in said District.
The plaintiff, Clore Restaurant, Inc., is the owner of a restaurant located at 2001-14th Street, N.W., which is zoned as 'first Commercial' property. In October, 1946, the plaintiff filed with the Alcoholic Beverage Control Board of the District of Columbia, an application for a Retailer's Class 'C' license, which is a license issued as an incident to the conduct of a restaurant business. On November 8, 1946 the Board held a hearing on the application at which time the plaintiff's President-Treasurer, Anna J. Clore, and several other witnesses testified that the place for which the license was requested was an appropriate one, considering the character of the premises, its surroundings and the wishes of the persons residing or owning property in the immediate neighborhood. No witnesses appeared to give testimony to the contrary. At the close of the hearing, the Board informed the applicant that it wanted to hear from the Commanding Officer of No. 13 Police Precinct, in which precinct the applicant's place of business is located. The Board set December 4, 1946 as the date on which such testimony would be taken. On December 4th there appeared before the Board Captain Truscott, Lt. Pittman and Officer Bombard of No. 13 Police Precinct. Captain Trustcott testified that 'he did not think issuance of license of Class 'C' would add to police problem' and 'that 14th and U Streets had the best police protection in the precinct'. Lt. Pitman testified that there was 'no trouble with licensed places' and 'they do not create a problem on the corner of 14th and U Streets'. Officer Bombard testified that 'it is the best policed corner in the precinct'. In the file of the Alcoholic Beverage Control Board, and introduced as Plaintiff's Exhibit No. 9, there was the report of the Board's Assistant Chief Inspector signifying, among other things, that this was a 'bona fide restaurant, serving meals' and that the restaurant was 'clean and tidy at this inspection'.
On December 18, 1946, a majority of the Board denied the application and refused to issue the license applied for. The dissenting member of the Board found there was no testimony adduced at the hearings which would support a finding of fact sufficient to justify a refusal to grant the license.
The notice of rejection of the application was as follows:
'Government of the District of Columbia
'Alcoholic Beverage Control Board
'F. Joseph Donohue, Esquire
'Careful consideration has been given to the application of Clore Restaurant, Inc., for a Retailer's Class 'C' License at 2001-14th Street, N.W.
'You are advised that the majority of the Board denies the application and refuses the license under Section 14(a)5 of the Alcoholic Beverage Control Act.
'Kindly have the enclosed voucher signed where checked and return to this office together with the receipt which was issued to the applicant at the time payment was made.'
'Very truly yours, 'Alcoholic Beverage Control Board '(Sgd.) Agnes K. Mason 'Member of the Board' (Plaintiff's Ex. No. 1.)
In response to that letter, the attorney for the applicant wrote to the Board as follows:
'Alcoholic Beverage Control Board