Solander

The People, real party in interest, appeal from a judgment of the Sacramento Superior Court granting a writ prohibiting further prosecution in the municipal court of a criminal complaint framed in two counts. The first count alleges a violation of section 17.7 of the Sacramento City Code, and the second count a violation of section 28546 of the Health and Safety Code. Both provisions relate to restaurant sanitation. The trial court found both provisions unconstitutionally vague, thus violative of due process and, so finding, awarded costs to plaintiff.

On appeal, the People defend the constitutionality of the statutes in question and challenge the award of costs to plaintiff.

Facts

Since 1936, plaintiff Oli Solander has operated a small restaurant business in the City of Sacramento, selling food, milk shakes, beer and other beverages. His place of business is divided into three distinct areas: soda fountain, beer bar and kitchen. Hot and cold running water under pressure is piped to dish washing sinks in the fountain and in the kitchen but not to the sink in the beer bar.

In October 1971, the Sacramento County Health Department demanded that plaintiff install hot…