McClelland v. City of San Diego
By ordinance respondent City of San Diego (City) prohibits nude entertainment establishments from operating between 2:00 a.m. and 6:00 a.m. Appellant William McClelland operated such an establishment during the prohibited hours and, after a number warnings, City revoked his nude entertainment police permit. The revocation was upheld in an administrative hearing, but stayed on the condition McClelland observe all laws and ordinances, including City's hours of operation limitation, for 12 months. Notwithstanding the stay, McClelland challenged the revocation by way of a petition for a writ of mandate, which the trial court denied.
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