City of Stockton v. West Coast Theatres, Inc.

California Supreme Court

City of Stockton v. West Coast Theatres, Inc.

222 P.2d 886, 36 Cal. 2d 879, 1950 Cal. LEXIS 272

CourtCalifornia Supreme Court

DecidedOctober 6, 1950

DocketSac. No. 6102

StatusPublished

This text of 222 P.2d 886 (City of Stockton v. West Coast Theatres, Inc.) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Stockton v. West Coast Theatres, Inc., 222 P.2d 886, 36 Cal. 2d 879, 1950 Cal. LEXIS 272 (Cal. 1950).

Pincite

Opinion

CARTER, J.

Here we have a city ordinance levying a tax for revenue similar to that involved in Fox Bakersfield Theatre Corp. v. City of Bakersfield, ante, p. 136 [222 P.2d 879],

Like in the Bakersfield case, the city of Stockton, plaintiff, has a basic business license ordinance No. 985 which classifies the businesses conducted in Stockton and levies a license tax for revenue purposes on them based on various standards. Section 97 imposes a tax on the theatre business of $32 per 100 seats per annum where there are less than 300 seats and a graduated scale on seating capacity over that number. That section of the ordinance was amended in 1947, by ordinance 1972 increasing the tax on theatre but still measuring the tax by seating capacity. Between those two ordinances, ordinance No. 1743 was enacted and approved by referendum. It is that ordinance whose validity is questioned.

[880]*880It provides that it is enacted “solely to raise revenue” and is “in addition” to the taxes levied under ordinance No. 985 ; that persons carrying on basketball, football, softball, or baseball games where an admission is charged shall pay a tax of two cents for each ticket sold (§20). Also included are boxing and wrestling exhibitions (§21), circus or similar exhibitions (§22), public dance halls (§23), ice or rollerskating rinks (§24) museum, store show, theatrical or vaudeville performances (§25), concert halls (§26) and theatres (§27). Exceptions are made for admission paid by persons in military service (§29) and children under 12 (§ 29%).

The same constitutional objections are made to this ordinance as were made in the Bakersfield case and on the authority of the latter case, the judgment declaring such ordinance valid is affirmed.

Gibson, C. J., Shenk, J., Traynor, J., Schauer, J., and Spence, J., concurred.

Edmonds, J., concurred in the judgment.

Appellant’s petition for a rehearing was denied November 2, 1950.

Free access — add to your briefcase to read the full text and ask questions with AI

CARTER, J.

Here we have a city ordinance levying a tax for revenue similar to that involved in Fox Bakersfield Theatre Corp. v. City of Bakersfield, ante, p. 136 [222 P.2d 879],

Like in the Bakersfield case, the city of Stockton, plaintiff, has a basic business license ordinance No. 985 which classifies the businesses conducted in Stockton and levies a license tax for revenue purposes on them based on various standards. Section 97 imposes a tax on the theatre business of $32 per 100 seats per annum where there are less than 300 seats and a graduated scale on seating capacity over that number. That section of the ordinance was amended in 1947, by ordinance 1972 increasing the tax on theatre but still measuring the tax by seating capacity. Between those two ordinances, ordinance No. 1743 was enacted and approved by referendum. It is that ordinance whose validity is questioned.

[880]*880It provides that it is enacted “solely to raise revenue” and is “in addition” to the taxes levied under ordinance No. 985 ; that persons carrying on basketball, football, softball, or baseball games where an admission is charged shall pay a tax of two cents for each ticket sold (§20). Also included are boxing and wrestling exhibitions (§21), circus or similar exhibitions (§22), public dance halls (§23), ice or rollerskating rinks (§24) museum, store show, theatrical or vaudeville performances (§25), concert halls (§26) and theatres (§27). Exceptions are made for admission paid by persons in military service (§29) and children under 12 (§ 29%).

The same constitutional objections are made to this ordinance as were made in the Bakersfield case and on the authority of the latter case, the judgment declaring such ordinance valid is affirmed.

Gibson, C. J., Shenk, J., Traynor, J., Schauer, J., and Spence, J., concurred.

Edmonds, J., concurred in the judgment.

Appellant’s petition for a rehearing was denied November 2, 1950.

Cite This Page — Counsel Stack

Bluebook (online)

222 P.2d 886, 36 Cal. 2d 879, 1950 Cal. LEXIS 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-stockton-v-west-coast-theatres-inc-cal-1950.

Opinion

Related

Cite This Page — Counsel Stack