Guzzi
Guzzi v. McAlister
Opinion
Lead Opinion
Allen, J.
This is an appeal from the judgment of the superior court of San Luis Obispo County denying a writ of mandate. Petitioners on March 15, 1912, made application to the mayor and couneilmen of San Luis Obispo, for a license to sell spirituous liquors in said city, signing such application “Guzzi Bros., by C. Guzzi.” On the twenty-ninth day of March following the city council, by a resolution duly passed, determined that petitioners were not suitable persons to keep and conduct a saloon, and their application was denied. It appears from the record that a firm known as Guzzi Brothers had for several years immediately preceding March, 1912, been engaged in the retail liquor business in said city. This proceeding was instituted to compel said council, under the ordinances of said city, to issue the license applied for. The city of San Luis Obispo, under the provisions of section 11 of article XI of the state constitution, possesses the power to make and enforce all local, police, and other regulations not in conflict with general laws. Pursuant thereto, the council enacted an ordinance, No. 128, entitled: “Relating to regulating and licensing the business of selling and fur nishing of…