Miller v. Board of Police Commissioners

Appellants, Cy and Billie Miller, appeal from a judgment in favor of respondent, Board of Police Commissioners, in this certiorari proceeding.

The Millers made application to the board for a café entertainment permit pursuant to section 103.102 of Los Angeles Municipal Code, Ordinance Number 111,348, in connection with their operation of a café on premises they then occupied. A hearing on the application was had before a hearing officer, *563 and subsequent to the hearing but before the hearing officer had filed his report and recommendation with the board, the Millers filed a request with the board to withdraw their application for the permit. Following the request by the Millers to withdraw their application, the hearing officer filed a report recommending that the request to withdraw be denied and that the application for a permit be denied. Thereafter, the Millers renewed their request to be allowed to withdraw and the board denied the request and approved the report and recommendations of the hearing officer. The substance of the Millers’ request to withdraw their application was that they had ceased doing business and no longer had need for a permit and that therefore the…