Barry

Betty Barry and Larry Cohen (petitioners), doing business as Fun House Adult Book Store, appeal a judgment denying their petition for administrative mandamus following the revocation of their business license by the City of Oceanside.

Petitioners have operated an adult bookstore in the City of Oceanside for a number of years. In the rear of the store, there are four arcade booths, licensed under the peep show ordinance, which show sexually explicit movies. Between March 1976, and January 1978, 25 persons have been arrested for allegedly masturbating and, of that number, 18 have been convicted pursuant to guilty pleas of disturbing the peace or committing a public nuisance (Pen. Code, §§ 415, 370, 372).

On December 13, 1977, the business license inspector for the City of Oceanside initiated a license revocation proceeding against Barry and Cohen relative to the arrests at their place of business. There was no clear evidence the police contacted the licensees to advise them of the activities taking place in the arcade booths, but an employee of the petitioners was always present when an arrest was made.

The city proceeded under section 15.3(18) of the Oceanside City Code…