Bryant

Plaintiff filed its petition for a writ of mandate to require the defendant Bryant, as tax collector, to issue a license, and the other defendants, as members of the board of police commissioners, to issue a permit to continue the conduct of a dancing pavilion in the premises known as the “Winter Garden” and located on the corner of Pierce and Sutter Streets, San Francisco. A general demurrer to the petition was sustained without leave to amend and judgment followed denying the application and dismissing the proceeding.

The petition alleged that the plaintiff was in possession of the premises under a lease running until August 1, 1926; that on the first day of June, 1918, acting under the ordinances enacted by the board of supervisors, the police commissioners granted to petitioner a permit to conduct a dancing pavilion in the premises, and that this permit had been renewed without protest on each succeeding quarter thereafter until January 1, 1921; that the commissioners refused to renew the permit for the quarter commencing on that day, giving as a reason therefor that the premises were located in a residence district; that in truth and fact the premises were not located in a…