Dorsa v. Board of Supervisors

STURTEVANT, J.

From a judgment declaring void Ordinance 102 of the County of Santa Clara and enjoining the defendants from enforcing the same, the latter have appealed and have brought up the judgment roll. The plaintiffs are the owners of and are conducting retail meat markets in the agricultural areas of the county of Santa Clara. Said markets are located in unincorporated territory. On the 25th day of February, 1935, the Board of Supervisors of Santa Clara County adopted ordinance 102. It is as follows:

“An ordinance regulating the hours of business when and the place where, uncured and uncooked meats are sold, offered for sale, received or delivered in unincorporated territory in the County of Santa Clara, and prescribing a penalty for the violation thereof.

“The Board of Supervisors of the County of Santa Clara, do ordain as follows:

“Section One: It shall be unlawful for any person, firm, partnership, association or corporation to sell or offer for sale any uncured or uncooked meats from any established place of business in unincorporated territory in the County of Santa Clara for the purpose of sale or delivery to dealers or consumers, or for the purpose of any delivery, or to open for business any place of business in unincorporated territory in the County of Santa Clara where any uncured or uncooked meats are sold or offered for sale, or permit such place of business to be kept for business, or to receive at such place of business any uncured or uncooked meats except between the hours of seven (7) o’clock A. M. and six (6) o’clock P. M. on days other than Sunday, New Year’s Day, Washington’s Birthday, Decoration Day, Fourth of July, Labor Day, Admission Day, Armistice Day, Thanksgiving Day, and Christ

[219]

mas Day; Provided, however, that in eases of a holiday falling on a Saturday, Sunday or Monday, the places of business hereinabove defined may be kept open between the hours of seven (7) o’clock A. M. and twelve (12) o’clock noon.

“Section Two: Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of hot more than $500.00 or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.