Burton

Burton v. Municipal Court

Bad Law
1968 Cal. LEXIS 197·68 Cal. 2d 684·68 Cal. Rptr. 721·441 P.2d 281
Supreme Court of CaliforniaJune 6, 1968L.A. No. 29524California4,411 words

Opinion

lead Opinion

Mosk, J.

Stewart Burton, manager of the Vista Theater in Los Angeles, and Gregory Giglioli, assistant manager *687 (hereinafter petitioners), are charged with violating section 103.109 of the Los Angeles Municipal Code, a misdemeanor. 1 The ordinance provides that no person shall engage in the business of exhibiting motion picture films to the public in any theater for compensation without a written permit from the Board of Police Commissioners. The permit must be renewed yearly. (Los Angeles Mun. Code, § 103.06(a).) Section 103.29(b) states that after an investigation the board may deny a permit if it finds that “the said operation will not comport with the peace, health, safety, convenience, good morals, and general welfare of the public.” Section 103.31(b) provides that the board shall not issue a permit for a business which has been or is a public nuisance, and section 103.31(c)! states that the board may deny a permit if the applicant is “unfit to be trusted with the privileges granted by such permit, or has a bad moral character, intemperate habits or a bad reputation for truth, honesty, or integrity. ’ ’

Petitioners filed demurrers to the complaints on the ground that these…

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