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WALNUT PROPERTIES, INC. v. CITY COUNCIL

Docket No. 54469.

100 Cal.App.3d 1018 (1980)

161 Cal. Rptr. 411

WALNUT PROPERTIES, INC., Plaintiff and Appellant, v. CITY COUNCIL OF THE CITY OF LONG BEACH, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

January 14, 1980.

Attorney(s) appearing for the Case

COUNSEL

Rhine, McDaniel & Thorp, Joseph Rhine and Robert L. Thorp for Plaintiff and Appellant.

Robert W. Parkin, City Attorney, and Arthur Y. Honda, Deputy City Attorney, for Defendant and Respondent.

Frederick W. Clough, City Attorney (Santa Barbara), as Amicus Curiae on behalf of Defendant and Respondent.

OPINION

COMPTON, J.

On August 31, 1977, Walnut Properties, Inc. (Walnut) obtained a business license to operate a motion picture theater in the City of Long Beach. Walnut had recently acquired an existing theater from a prior owner. A business license, which is essentially a revenue-producing device, is issued subject to applicable zoning and building regulations. (Long Beach (L.B.) Mun. Code, § 6000.9.)

Walnut opened...

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