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STATE v. SALT LAKE CITY

Nos. 11047, 11174.

445 P.2d 691 (1968)

21 Utah 2d 318

STATE of Utah, By and Through its Attorney General, Phil L. HANSEN, Plaintiff and Appellant, v. SALT LAKE CITY, Utah, etc., et al., Defendants and Respondents. The VAGABOND CLUB et al., Plaintiffs and Respondents, v. SALT LAKE CITY, Utah, a municipal corporation, et al., Defendants and Appellant.

Supreme Court of Utah.

September 24, 1968.

Attorney(s) appearing for the Case

Phil L. Hansen, Atty. Gen., C. Van Drunen, Asst. Atty. Gen., Robert Stansfield, Salt Lake City, for the State by and through Hansen.

Homer Holmgren, City Atty., Paul G. Grant, Asst. City Atty., Salt Lake City, for Salt Lake City and others.

Ollie McCulloch, Richard J. Leedy, Robert D. Moore, Salt Lake City, for the Vagabond Club and others.

CALLISTER, Justice:

This action involves a challenge to the constitutionality of a comprehensive ordinance of Salt Lake City to license nonprofit clubs. There were two cases which were consolidated for this appeal. In one, the Attorney General sought a declaratory judgment determining that Section 29 of Title 20 of the Revised Ordinances of Salt Lake City, was unconstitutional. In the other, seven private clubs sought to enjoin the enforcement of the ordinance as...

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