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SUNDANCE SALOON, INC. v. CITY OF SAN DIEGO

Docket No. D008383.

213 Cal.App.3d 807 (1989)

261 Cal. Rptr. 841

SUNDANCE SALOON, INC., Plaintiff and Appellant, v. CITY OF SAN DIEGO, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

August 30, 1989.

Attorney(s) appearing for the Case

COUNSEL

Thomas F. Homann for Plaintiff and Appellant.

John W. Witt, City Attorney, Ronald L. Johnson and Eugene P. Gordon, Chief Deputy City Attorneys, and Steven R. Gustavson, Deputy City Attorney, for Defendant and Respondent.

OPINION

BENKE, J.

Sundance Saloon, Inc. (Sundance), a business licensed as a cabaret by the City of San Diego, filed a complaint pursuant to 42 United States Code section 1983 to enjoin the enforcement of San Diego Municipal Code1 section 33.1501.15, requiring cabarets, with certain exceptions, to close between the hours of 2 a.m. and 6 a.m. A cabaret is defined by the Municipal Code as a commercial establishment...

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