Walnut Properties, Inc. v. City Council

On August 31, 1977, Walnut Properties, Inc. (Walnut) obtained a business license to operate a motion picture theater in the City of Long Beach. Walnut had recently acquired an existing theater from a prior owner. A business license, which is essentially a revenue-producing device, is issued subject to applicable zoning and building regulations. (Long Beach (L.B.) Mun. Code, § 6000.9.)

Walnut opened its theater on December 10, 1977, and shortly thereafter the City of Long Beach (City) through its city council, instituted proceedings which culminated in the revocation of Walnut’s business license in June of 1978. The basis for the revocation was a violation of the City’s zoning ordinance. That ordinance had been enacted on October 25, 1977, and became effective on November 25, 1977.

This appeal followed Walnut’s unsuccessful attempt in the superior court to secure a writ of mandamus compelling the City to set aside its revocation of Walnut’s business license. Walnut’s petition for mandate attacks the constitutionality of the zoning ordinance.

The zoning ordinance in question (L.B. Mun. Code, § 9120.41, attached hereto as appen. A) creates a category of “adult…