Bam, Inc. v. Board of Police Commissioners

The Board of Police Commissioners of the City of Los Angeles suspended Bam, Inc.’s permit to operate “Adult World,” Barn’s motion picture arcade. Barn’s challenge to the suspension order by way of a petition for writ of mandate was denied and Bam appeals. We reverse and remand with directions.

Facts

Bam operates a motion picture arcade pursuant to a permit issued by the Board. (Los Angeles Mun. Code, § 103.101(b).) In 1988 and 1989, the Los Angeles Police Department filed accusations for revocation of Barn’s police permit, charging Bam with 33 counts of operating its arcade in a manner which allowed customers to masturbate in the arcade’s viewing booths and one count of operating its premises in a manner which impaired visibility of the interior of its viewing booths from outside the booths. (§§ 103.101(e)(2) and 103.101(i).)

A Board-appointed hearing examiner reviewed the accusations, found insufficient evidence to sustain any of the 33 charges that Bam had allowed customers to masturbate, found the evidence was sufficient to sustain the lack of visibility charge but, notwithstanding the latter finding, concluded there was no basis for imposing a penalty because the…