In Re Hadeler

The petitioner herein was convicted of a violation of Ordinance No. 5398, New Series, as amended by Ordinance No. 5490, New Series, of the city and county of San Francisco. The petitioner conducts a grocery-store in the city and county of San Francisco. Under the above-mentioned ordinances any place used for the handling, manufacturing, or sale of foodstuffs in said municipality is required to be inspected by the board of public health to determine whether it is sanitary and in order to do business is required to have issued to its proprietor a certificate by the said board of health upon such inspection, which certificate must be annually renewed. Section 2 of the amended ordinance provides that “for the purpose of defraying the cost of making such inspection and issuing the certificate provided for in this ordinance, a fee of five dollars is hereby imposed and shall be collected by the Board of Health prior to the issuance of such certificate. ’ ’ The petitioner having failed and refused to pay said inspection fee, was arrested, tried, and convicted of a violation of said ordinances as above stated. The sole question presented upon his application for this writ is as to the…