Bame

The 22nd District Agricultural Association (the District) appeals a judgment in favor of the City of Del Mar (the City) declaring Del Mar Municipal Code section 3.08 et seq. (the ordinance) facially valid and the City entitled under Business and Professions Code section 19610.6 to assess and collect license fees and admissions taxes on certain events conducted under contract with the District. The District asks us to declare the ordinance unconstitutional as ultra vires, or alternatively as applied on the grounds it (1) infringes on the District’s sovereign immunity; (2) attempts to regulate fields preempted by state law; and (3) burdens the District’s First Amendment rights. In a consolidated appeal, Lawrence Bame, an event promotor who rents space from the District, appeals the court’s judgment of dismissal entered after it granted the City’s demurrer to Bame’s complaint for declaratory relief and money damages. Bame contends the court abused its discretion and denied him due process by refusing to allow his intervention in the City’s lawsuit for declaratory relief, and erroneously ruled his action was barred by res judicata and collateral estoppel by virtue of the…