In Re Cutting
Opinion
Lead Opinion
Allen, J.
Petitioner has been convicted by the city justice’s court of the city of San Diego for a violation of the provisions of an ordinance of said city, No. 4345, the same being entitled, “An Ordinance imposing Municipal Licenses on Social Clubs in the City of San Diego, California, providing the manner of issuing, collecting and revoking the same, regulating the sale of liquor in such clubs, and fixing a penalty for the violation of said ordinance.” By the first section of the ordinance, it is made unlawful for any officer, agent, or employee of any social club to maintain a clubhouse, clubroom, barroom, or other place where any wine, ale, beer, or any spirituous, vinous, malt or mixed liquors or any intoxicating drinks are sold, dispensed or given away to the members of such social club, or to the guests of such members, or for any person in said club-house, etc., to sell, dispense or give away to any member of such social club, or to any guest of any member, any wine, ale, etc., without a license therefor issued to such social club, as provided in said ordinance. Section 4 provides that no license shall be authorized to be issued under the ordinance, except upon a verified petition…