Perrine

In these six appeals which have been consolidated for hearing and decision, the principal question is the constitutionality of the Los Angeles County ordinance which requires the proprietor of a picture arcade to have a licensed manager on the premises at all times during which the arcade is open and the proprietor is absent.

In municipal court cases M 147997, M 148139, M 149540, M 149542 and M 152532 James J. Perrine was charged with the offense of operating a picture arcade without a licensed manager being present, a misdemeanor violation of Los Angeles County Ordinance 5860, section 2732.

In case M 148138 Larry Martinez Gerardo was charged with acting as manager of a picture arcade without a license.

In each of the cases the municipal court granted the defendant’s motion to dismiss upon the ground that the ordinance was so vague and uncertain as to be void under both the state and federal Constitutions. No evidence was taken in the trial court. The ruling was based exclusively upon the face of the ordinance and the court’s view of the applicable law.

Pursuant to Penal Code section 1466 the People appealed to the appellate department of the superior court, which…