Knueppel

This is an appeal by the People from an order dismissing a complaint which charged defendant with violating section 4500 of the Downey Municipal Code. The matter is before us on transfer from the Appellate Department of the Los Angeles Superior Court, pursuant to rule 62 (a) of the California Rules of Court.

Section 4500 prohibits charitable solicitations within the City of Downey by anyone who has not received a permit from the chief of police. The complaint against defendant was dismissed following the sustaining of his demurrer which challenged the ordinance as violative of the First Amendment guarantee of free speech.

The procedures adopted by the City of Downey to implement section 4500 call for the filing of an application with the chief of police by those seeking a charitable solicitation permit. (§ 4502. ) Upon receipt of an application complying with section 4502, the chief of police is to “conduct such investigation as he may deem necessary.” (§ 4503.) The procedures for granting or denying a permit are contained in section 4504. It is to this section that defendant addresses his constitutional challenge.

The crucial language of section 4504 provides that if,…