Penn

Stanley Penn, sole owner of the Lucky Lady Card Room in the City of San Diego (City), appeals a summary judgment entered in favor of the City and William B. Kolender, City’s police chief, that Penn and the card-room take nothing on their complaint for declaratory and injunctive relief seeking to declare invalid as an unconstitutional exercise of the police power and a violation of antitrust law City Municipal Code section 33.3917 which fixes a maximum hourly rate of $2.50 per hour for players in the cardroom. Holding the section represents a reasonable exercise of the police power and is not subject to antitrust law, we affirm.

The Lucky Lady Card Room at 5526 El Cajon Boulevard is the largest cardroom in the City, operating 7 card tables 14 hours per day, 6 days per week from 10 a.m. to midnight, 52 weeks per year. It has gross annual revenues of between $450,000 and $500,000 and employs 42 people. It pays a table tax totalling $1,030 per month, up 736 percent from the $140 table tax it paid in 1974. In 1984 it also paid a license tax of $25 per table and $2 per employee, totalling $265, and a $500 registration fee under the Gaming Registration Act. (Bus. & Prof. Code,…