Gospel Army v. City of Los Angeles

163 P.2d 704, 27 Cal. 2d 232, 1945 Cal. LEXIS 233
CourtCalifornia Supreme Court
DecidedNovember 20, 1945
DocketL. A. 18808
StatusPublished
Cited by69 cases

This text of 163 P.2d 704 (Gospel Army v. City of Los Angeles) 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
Gospel Army v. City of Los Angeles, 163 P.2d 704, 27 Cal. 2d 232, 1945 Cal. LEXIS 233 (Cal. 1945).

Opinions

TRAYNOR, J.

Certain ordinances of the City of Los Angeles regulate transactions in secondhand goods and solicitations for charitable purposes. Plaintiff, an incorporated religious organization, brought this suit to enjoin the enforcement of these ordinances as applied to it on the ground they abridged its religious liberty in violation of the Constitution of the United States and the Constitution of California. The trial court found that plaintiff is ‘‘ engaged exclusively in the promulgation, by literature and word of mouth, of its religious beliefs, by and through its auxiliaries, and in the procuring of donations in the form of money and articles of value in the prosecution and furtherance of its religious activities.” It enjoined defendants from “further interference and threatened acts, which would in any way prevent the free exercise of the religious liberty and freedom of worship of the said Plaintiff.” Defendants appeal.

The finding of the trial court must be viewed in the light of the evidence, which is undisputed. Religious services at plaintiff’s mission are conducted by a minister ordained by it whose compensation depends entirely on solicited contributions. Plaintiff engages in missionary work, distributes the New Testament and religious tracts free to the public, and gives assistance to those in need. It collects salvage from the public to obtain funds to propagate its religious doctrines and to provide aid to the poor. Some of the salvage is sold in a secondhand goods store operated by plaintiff; some, such as clothing, is distributed to the poor; goods not suitable for [234]*234further use go directly to a salvage mill. The salvage is collected by plaintiff’s “industrial solicitors” in four of plaintiff’s trucks. The money received from the sale of secondhand goods in plaintiff’s store is used to meet the cost of operating the store, including the compensation paid to the manager and the solicitors. Whatever remains is paid into plaintiff’s treasury. Ninety per cent of the money received for the mill material goes to the drivers of the trucks; the remainder is turned over to the manager of the store for plaintiff’s treasury.

Other employees of plaintiff solicit money from the public. Solicitors make the object of their mission known by showing to prospective donors a printed card stating that “the bearer whose signature is hereon attached for identification is duly authorized to solicit money, food, clothing or any other useful articles that will help the Gospel Army to carry on their religious home missionary and evangelical work among the poor and under-privileged.” About fifty per cent of the funds raised is absorbed by the cost of soliciting, including the compensation of the solicitors, which is paid on a percentage basis. The funds remaining are used to pay the cost of furnishing tracts and religious literature free to the public and to supply food, lodging, clothing and car fare to the poor.

Section 24.01 of the Los Angeles Municipal Code defines a “junk dealer” as “a person having a fixed place of business in this City who goes from house to house or from place to place, gathering, collecting, buying, selling or otherwise dealing in any old rags, sacks, bottles, cans, paper, metal or other articles commonly known as junk.” A “secondhand dealer” is “a person engaging in, conducting, managing, or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares or merchandise.” Junk dealers and secondhand dealers must obtain a permit to engage in business from defendant city’s Board of Police Commissioners. The following “Requisites of Permits” are set forth in subsection (c) of Section 24.01: “ (1) Persons desiring to obtain a permit to conduct, manage or deal in any business mentioned in subsection ‘a’ of this Section shall file an application in writing with the Board specifying by street and number the place where such business is proposed to be conducted or carried on; junk collectors having no fixed place of business shall specify in such application their residence by street number. The application shall be signed by the applicant and shall contain his residence address. (2) Before receiving an [235]*235application for any permit the Board shall require the payment of such fees as are hereafter specified. (3) Upon receipt of such application the Board shall cause to be investigated the business of the applicant and location at which applicant proposes to engage in business as specified in said application. Thereafter the Board may issue a permit to the applicant which shall be effective for the remaining portion of the current year. (4) Persons operating under the provisions of this Section shall be required to secure an annual renewal of such permit commencing January 1st of the succeeding year in which such permit was granted. (5) No person holding a permit to conduct, manage, carry on or deal in any business mentioned in subsection ‘a’ of this Section shall buy, sell or otherwise deal in secondhand jewelry, precious stones, precious metals (including old gold), watches or other similar secondhand merchandise without first applying for and receiving a special permit therefor from the Board in the manner provided in this Section for securing ordinary permits.” The fees prescribed are set forth in subsection (d): “ (1) Applications for permits other than provided for in this subsection shall pay the sum provided in Section 22.10; (2) Applications for special permits, the sum of $50.00; (3) Applications for annual permit renewal, the sum of $25.00; (4) Applications for changing location of place of business for which a permit has been granted, the sum of $10.00; (5) Change of ownership, the sum of $10.00, to be applicable only in cases where the new owner is already operating under a permit issued pursuant to provisions of this Section.” Subsection (e) provides: “(1) The Board shall not grant any permit provided for in this Section to persons who fail, refuse or neglect to comply with the laws and ordinances relating to and regulating the business for which such permit is sought. (2) Persons applying for or obtaining permits under the provisions of this Section shall comply with the provisions of this Section.” Subsection (f) provides for the revocation of permits; “Any permit issued under the provisions of this Section may be revoked or suspended upon the grounds provided for in this Section: (1) ... If persons holding permits under the provisions of this Section shall violate any of the provisions of this Section or any provisions of any other ordinance, or any law relating to or regulating any such business, or shall conduct or carry on such business in an unlawful [236]*236manner, the Board, in addition to any other penalties provided by this Code, shall revoke such permit issued to such person; (2) . . . Permits granted pursuant to this Section shall be revoked only in the manner provided in Section 22.02 of this Code; (3) ... No permit shall be granted to any person to conduct, manage, carry on or deal in any business mentioned in subsection ‘a’ of this Section whose permit has been revoked by the Board until six (6) months have elapsed after such revocation. ’ ’ Holders of permits must keep a complete record of all goods purchased or received by them, which is open to inspection by any member of the police department. They must also file with the Chief of Police daily reports on prescribed forms of the goods purchased or received during the preceding day, describing the article and specifying the hour of the day when it was acquired, the name and address of the party from whom it was acquired, the height, age, sex, complexion, and other characteristics of that person.

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Bluebook (online)
163 P.2d 704, 27 Cal. 2d 232, 1945 Cal. LEXIS 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gospel-army-v-city-of-los-angeles-cal-1945.