Shepherd

This appeal was transferred to this court under rules 62-69, California Rules of Court, to settle an important issue of law, that is, whether a Los Angeles Municipal Code section relating to the sale of merchandise in public parks is constitutional.

Defendant was convicted of offering to sell three football tickets upon the premises of the Los Angeles Memorial Coliseum, in violation of Los Angeles Municipal Code section 63.51, subdivision (k), which reads as follows:

The evidence showed that defendant was a student who had come to the Coliseum to see a professional football game, and brought with him three extra tickets belonging to his father who had decided not to use them. Defendant was offering them for sale at face value, and he had no permission from the Coliseum commission. Warning signs were posted in the vicinity stating that resale of tickets was illegal. A notice on the back of the ticket referred to Los Angeles Municipal Code section 42.03 which prohibits a sale of tickets within a public park except from a building or ticket booth.

No question is raised as to the sufficiency of the evidence to support the conviction.

Before discussing the issues argued on…