Burnett
Burnett v. San Francisco Police Department
Opinion
Opinion
Anderson, J.
In this opinion, we must determine whether or not the City and County of San Francisco (City) may lawfully prevent persons between the ages of 18 and 20 from entering or remaining on the premises of after-hours clubs in the City. We conclude that the City may do so. Article 15.2 of the San Francisco Police Code (SFPC) (§§ 1070 through 1070.25) establishes entertainment regulations for cabarets. SFPC section 1070.16 precludes persons under the age of 21 from entering or remaining in cabarets in the City and requires cabaret owners to exclude persons under the age of 21 from their premises.
Zaron Burnett, Sara Lee, Frank Chung, Dimitry Dunski, Melanie Day, Brooke McGowan, and Kris Walker are all over the age of 18 years and under the age of 21. Nssr. D. Zahriya is the owner and Jordan Wells is the manager of a licensed cabaret, Z & Z Entertainment. Burnett, Lee, Chung, Dunski, Day, McGowan, Walker, Zahriya, and Wells (collectively, appellants) challenge the right of the City, the San Francisco Police Department (SFPD) and Police Chief Anthony Ribera (collectively, respondents) to enforce SFPC section 1070.16.