12319 Corp. v. Business License Commission

Introduction

Petitioner appeals from a judgment denying a petition for writ of mandamus and/or prohibition and/or administrative mandamus.

Statement of Facts

Petitioners are the owners and operators of the Starwood nightclub, located within the County of Los Angeles, operating and maintaining a building and premises in which food, beverages and entertainment are provided for the incidental comfort of its patrons. The average monthly attendance at the Star-wood approximates 15,000 patrons, many of whom are minors.

Since the Starwood began operations in 1972, the petitioners have taken measures to soundproof the Starwood’s premises, posted warnings and issued announcements requesting patrons and staff to demonstrate concern for the peace and welfare of the surrounding community, and retained employees for the purpose of addressing the community’s litter problem. Petitioners also employed a private security staff to patrol the surrounding neighborhood; however, this effort was curtailed by the Los Angeles County Sheriff’s Department due to its interference with that department’s services.

Despite these efforts, since 1978, residents in the vicinity of the Starwood have…