In Re Groves

I agree that under existing law the city may properly impose a tax for revenue purposes upon the business of petitioner. Such tax creates a civil debt due from petitioner to the city. Whether the city may properly enforce collection of that debt by penal sanction through an *160 ordinance appropriate to that end is not an issue now before us.

I do not agree that on the record which is before us petitioner’s conviction can be sustained on the theory invoiced by the majority. According to the petition and the return the charge on which petitioner was brought to trial is as follows: ‘‘ That the Crime of Misdemeanor, to-wit, Violation of Section 2111 of Division 2 of the ‘Palm Springs Ordinance Code,’ has been committed by the above-named defendant as follows: That said defendant on or about the 13th day of November, 1959, operated an ice cream emporium known as the ‘Pink Palace,’ at 182 South Indian Ave in the said City of Palm Springs, without having first secured a business license as required by Section 2111 of Division 2 of the ‘Palm Springs Ordinance Code.’ ”

Mere reading of the above quoted charge from the complaint discloses that the only crime charged is “the Crime of…

By petition for a writ of habeas corpus petitioner challenges his conviction of engaging in business in the city of Palm Springs without a license as required by the Palm Springs Ordinance Code. We issued an order to show cause directed to the Chief of Police of Palm Springs and ordered petitioner released on his own recognizance.

Petitioner secured a state license to operate a “milk products plant” in Palm Springs for the manufacture and sale at retail of ice cream products. (Agr. Code, §§ 660-661.) He contends that the state statutes establish a complete system for the licensing and regulation of his business and that the city cannot therefore require him to secure an additional license to conduct that business. The city contends that the state statutes have not occupied the field of regulation of businesses such as petitioner’s and that in any event its licensing ordinance does not conflict with state regulatory laws, since as applied to petitioner, the ordinance requires a business license for revenue only.

*156 Chapters 21 and 22 of the Palm Springs Business License Ordinance (division 2 of the Palm Springs Ordinance Code) provide for the licensing of businesses and the…

By petition for a writ of habeas corpus petitioner challenges his conviction of engaging in business in the city of Palm Springs without a license as required by the Palm Springs Ordinance Code. We issued an order to show cause directed to the Chief of Police of Palm Springs and ordered petitioner released on his own recognizance.

Petitioner secured a state license to operate a "milk products plant" in Palm Springs for the manufacture and sale at retail of ice cream products. (Agr. Code, 660-661.) He contends that the state statutes establish a complete system for the licensing and regulation of his business and that the city cannot therefore require him to secure an additional license to conduct that business. The city contends that the state statutes have not occupied the field of regulation of businesses such as petitioner's and that in any event its licensing ordinance does not conflict with state regulatory laws, since as applied to petitioner, the ordinance requires a business license for revenue only.

Chapters 21 and 22 of the Palm Springs Business License Ordinance (division 2 of the Palm Springs Ordinance Code) provide for the licensing of business and the…