Coe

Coe v. City of San Diego

Good Law
2016 Cal. App. LEXIS 813·208 Cal. Rptr. 3d 73·3 Cal. App. 5th 772
Court of Appeal of CaliforniaSeptember 28, 2016D068814California5,889 words

Opinion

Opinion

McConnell, J.

i

INTRODUCTION

Suzanne Coe appeals from a judgment denying her petition for writ of administrative mandate challenging a decision by the City of San Diego (City) to revoke her nude entertainment business permit. She contends certain sections of the San Diego Municipal Code applicable to nude entertainment businesses are unconstitutionally vague and do not give sufficient guidance to the permit holder or to the enforcement agency. She further contends the City’s decision to revoke her permit improperly relied upon inadmissible hearsay evidence and there is otherwise insufficient evidence to support the findings underlying the decision. Finally, she contends the penalty of revocation violated her due process rights because it was arbitrary and capricious. We are not persuaded by these contentions and affirm the judgment.

II

BACKGROUND

A

In San Diego, it is unlawful to operate a nude entertainment business without a police permit. (§ 33.3603.) It is also unlawful for a responsible person to allow a nude person within six feet of a patron (six-foot rule); an adult entertainer to intentionally touch a patron or a patron to intentionally touch an adult entertainer during…

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