Minier

Defendant, District Attorney of the County of Santa Barbara, appeals from an order of the trial court denying his motion to dissolve a permanent injunction issued against him as district attorney.

The permanent injunction, which was issued on November 8, 1971, provided that defendant be permanently enjoined from enforcing the provisions of Business and Professions Code section 17564 against “Miramar By the Sea, operated by Plaintiff Gawzner Corporation, and Mar Monte Beach Hotel, operated by Plaintiff Earl M. Miley and the Barbara Hotel, owned and operated by Plaintiff Earl M. Miley, and The Sea Breeze Motel, owned and operated by Plaintiff Stephen A. Zoldos, and The Tides Motel, owned and operated by Plaintiff Raymond Dutkowsky.”

In support of its grant of a permanent injunction the trial court found that “hotels do not come within the classification of business establishments subject to the provisions of Section 17564 of the Business and Professions Code . . . ,” The trial court further found that Miramar By the Sea, Barbara Hotel and Mar Monte Beach Hotel are hotels. It was found that “motels are of the type of business establishment” subject to the provisions of…