103 P. 174 | Cal. Ct. App. | 1909
Appeal from a judgment denying an application for a writ of mandate.
The writ was asked to issue against the defendants, as the board of police commissioners of the city of Los Angeles, to compel them to issue to the plaintiff a permit authorizing the clerk and auditor of the city to issue to plaintiff a license to *684 conduct a poolroom in that city, he having made an application therefor in accordance with the provisions of the ordinance of the city relating thereto.
The answer alleges, and the trial court found, that the application was considered in open session of the board and denied on the ground that the place named therein was located in a part of the city inhabited by a class of people which would render a poolroom, if established therein, a place of resort for disorderly and objectionable persons; and that a poolroom in said locality, being populated by cholos and other people of like or similar character, would, in the judgment of the board, tend to the disturbance of the public peace and to render the preservation of order in said locality difficult.
This same matter was before this court on an original application for a writ of mandate in civil case No. 326, a decision in which was filed December 31, 1906, and is reported in
In the federal case cited by appellant (Dobbins v. LosAngeles,
Public billiard-halls and poolrooms have been distinctly classified by this court as among those which cannot lay claim to being within the rule applicable to "useful" enterprises, in two decisions filed since the former opinion in the controversy before us was filed. (Ex parte Meyers,
Conceding that no arbitrary discretion can be exercised by the board of police commissioners in applying the ordinance in question, the reasons assigned by the answer for denying the application for a license were exactly such as should actuate a police department in denying a permit or license to keep a place of amusement which is liable to become the scene of disorderly conduct and disturbances of the peace. It cannot be urged that, though the ordinance be fair and lawful in its terms and provisions, it was so enforced as to work a discrimination against a part of the community or some particular member or members thereof, for no lawful reasons.
(Yick Wo v. Hopkins,
We are of opinion that the writ was properly denied by the superior court, and its judgment is affirmed.
Allen, P. J., and Shaw, J., concurred.