Collins v. Priest

MUSSELL, J.

On this appeal from the judgment and order granting a peremptory writ of mandate to compel the respondent to issue a license to petitioner to carry on the business of plumbing within the city of Newport Beach, the following facts appear from the agreed statement filed herein. Petitioner was the holder of a valid, unrevoked license as a plumbing contractor issued after he had successfully passed the examination required by the Contractors’ State License Board of the State of California pursuant to chapter 9, division 3 of the Business and Professions Code. He applied to the appellant city clerk of the city of Newport Beach for a license to carry on the business of plumbing within the city and tendered the necessary fees therefor. The clerk refused to issue such license upon the ground that petitioner had not first submitted to a practical examination before the examining

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board of plumbers of the city and had not obtained from such board a certificate of competency as required by the provisions of ordinance No. 379 of said city.

The sole point to be decided upon this appeal is whether the city can compel the petitioner to pass an examination and obtain a certificate of competency before engaging in his business. This question involves a construction of the provisions of the Business and Professions Code relating to the licensing of contractors generally and the provisions of the Health and Safety Code as to the regulation of plumbing within the limits of municipal corporations.

The provisions of the Business and Professions Code involved, which are contained in division 3, chapter 9, of the code, with particular reference to qualification of applicants for contractors’ licenses contained in article 5 of said chapter, require that an applicant for such license shall show “such degree of experience, and such general knowledge of the building, safety, health and lien laws of the state and of the rudimentary administrative principles of the contracting business as the board deems necessary for the safety and protection of the public. ’ ’ The applicant is required to be of good character and the manner in which lack of good character may be shown is specifically set forth. It is further provided therein that upon receipt of the fee and an application furnishing complete information in the manner required by the registrar and after such examination and investigation as he may require, the registrar shall issue a license to the applicant permitting him to engage in business as a contractor under the terms of the chapter. The petitioner is a contractor as the term is defined in said statute.