Miller v. Murphy

The basic issue presented by this appeal involves the constitutionality of pawnbroker regulations adopted by the City and County of San Francisco.

Appellants are several licensed pawnbrokers operating pawnshops in San Francisco. Respondents are the San Francisco Chief of Police and the San Francisco Police Commission. Appellants filed a petition for writ of mandamus, and a complaint for declaratory and injunctive relief against respondents challenging the constitutionality of pawnbroker regulations established by respondents under authority of section 2815 of article 28 of the San Francisco Municipal Police Code. Following trial, judgment was entered denying petitioners relief in all respects. The appeal is from the judgment.

Under Business and Professions Code section 21628, pawnshop operators throughout the state are required to keep a report of every transaction they make. These reports, or transaction slips, must include the name and address of the customer, a description of the property to be pawned, and a certification by the operator that the information is correct. The San Francisco pawnbroker regulations (hereafter regulations), however, add to those…