Foster

Appellant petitioned the superior court for a writ of mandate to compel the board of police commissioners to consent to the issuance to him of a license as a retail liquor dealer. An alternative writ was granted, and upon the return thereof the defendants demurred to the petition, and this appeal is from the judgment entered thereon dismissing the writ.

Appellant was the proprietor of the Bella Union Theater, and in connection therewith had a saloon in which, prior to May 1, 1893, females were employed to wait upon those who patronized his place of business. His license for the theater was from April 15 to September 15.1893. His license for the sale of liquor expired June 1.1893. On May 1st he closed his place of business for *488 repairs. On June 12, 1893, he applied to the license collector for a retail liquor dealer’s license, and that officer refused to issue it, and gave as the ground of such refusal that the board of police commissioners had in writing directed him not to issue such license to appellant, for the reason that appellant, prior to that time, had employed and permitted females to wait upon customers therein.

The petition further alleged that he applied to said…