Bravo Vending v. City of Rancho Mirage

Appellant Bravo Vending (Bravo) appeals from a judgment against it on its action for declaratory relief and a permanent injunction and its petition for a writ of mandate, both of which sought to prevent the enforcement of an ordinance adopted by the City of Rancho Mirage (City). We affirm.

Factual and Procedural Background

On December 6, 1990, the City adopted its Ordinance No. 488, which: forbade the retail sale of “any cigarette or any tobacco product or cigarette paper or cigarette wrapper[ ] at any place in the City without a license”; established an annual license fee; prohibited sales of cigarettes to minors; and forbade the sale of cigarettes “through the use of a vending machine.”

Bravo operates cigarette vending machines in various business locations within the City. On February 20, 1991, Bravo filed an action for declaratory and injunctive relief against the City. It sought a declaration that the portion of Ordinance No. 488 which prohibited the use of cigarette vending machines was preempted by Penal Code section 308,* and thus was invalid on its face. For the same reason, it prayed for the issuance of preliminary and permanent injunctions restraining the…