Phillips

In March 1964 petitioner applied to the Board of Police Commissioners for a permit to sponsor and conduct a One-Night Dance for teenagers. The application was filed pursuant to Ordinance No. 111348, section 103.118 of the Los Angeles Municipal Code which requires such a permit prior to operating a teenager dance. A hearing was held as required by the ordinance. The hearing examiner recommended that the permit be denied. The board, after reading and considering the report and recommendation of the hearing examiner, unanimously adopted his recommendation and denied the permit. Petitioner thereafter filed a petition for declaratory relief and for writ of mandate. The court granted declaratory relief and held that sections 103.118(a) (1) and (2) were unconstitutional. The court also issued the peremptory writ of mandate and referred the matter back to the board for further consideration in light of the ruling made regarding declaratory relief.

It is from the judgment declaring these sections of Ordinance No. 111348 of the Municipal Code unconstitutional that this appeal is taken.

Section 103.118 of the Los Angeles Municipal Code provides, in part:

Section 103.118, subsection (a)…