Brooks

Santa Clara County and certain of its officials (collectively the county) appeal from a judgment which declares that honorably discharged military veterans who sell food owned by them either by “itinerate ... sales” or from fixed locations, and either personally or through agents or employees, are exempt under Business and Professions Code section 16102 from license fees including (without limitation) public health license and permit fees imposed by the county under provisions of the Health and Safety Code.

The facts are undisputed; the issues resolved by the trial court were purely legal. Upon independent analysis we agree with the result the trial court reached. Therefore we affirm.

Plaintiff Henry Franklin Brooks is an honorably discharged soldier who at relevant times operated a nut vending business in Santa Clara County. It appears that he initially conducted his business from a motor vehicle of some kind.

For some years Brooks enjoyed an exemption from county license fees for his business by virtue of Business and Professions Code section 16102, which provides that “[ejvery soldier, sailor or marine of the United States who has received an honorable discharge or…