Lowe
Lowe v. City of Commerce
Opinion
Opinion
Zebrowski, J.
Richard Lowe appeals from the denial of his petition for writ of mandate challenging an order issued by the City of Commerce (the City) excluding Lowe from a casino owned by the California Commerce Club (the Casino) and licensed by the City.
Section 19820 of the Business and Professions Code provides: “Any city . . . permitting gaming may, by ordinance, provide for the exclusion or ejection from any gaming club of any individual who has engaged in or been convicted of bookmaking, sale of controlled substances or illegal gambling activities, or whose presence in or about gaming clubs would be inimical to the interests of legitimate gaming. No such ordinance shall provide for the exclusion or ejection of any person on the grounds of race, color, creed or sex.”
The City enacted an ordinance addressing the removal and exclusion of persons from card club premises. It provides in relevant part:
“A card club licensee (‘licensee’) shall remove any person from premises licensed for use as a card club (‘premises’) if, on the premises, that person: HD • • • HD (4) Is boisterous, or is otherwise offensive to other persons; . . .” (City of Commerce Mun. Code, § 5.56.010(a).)