Matter of Application of Richardson

ANGELLOTTI, C. J.

The petitioner was convicted in the police court of the city and county of San Francisco of a violation of the provisions of section 2 of ordinance No. 765, as amended by ordinance Nos. 1471 and 1537 (N. S.) of said city and county, and adjudged to pay a fine of five dollars, and in default of payment of such fine to be imprisoned for one day. Having refused to pay such fine he was taken into' custody, and on his petition a writ of

habeas corpus

was issued to determine the question of the legality of hijs imprisonment.

The charge against petitioner was that he operated, owned, and controlled a certain machine, to wit: a match machine, with a niekel-in-the-slot attachment, at No. 230 Market Street, without first having procured a license therefor from the tax-collector of the city and county, as required by said ordinance. The complaint sufficiently states an offense under the provisions of section 2 of the ordinance, and the only question presented by this proceeding is as to the validity of said section.

The ordinance is one entitled ‘ ‘ Imposing a license on nickel-in-the-slot machines.” By section 1, a license fee or tax of two dollars per annum is required of every person, etc., owning or having control of any machine, in or on which, on deposit of a piece of money, within said machine, any service is rendered by means of such machine, such, for example, as the playing of music, the registering of one’s weight, etc., for each machine so used. Sections 2 and 3 of said ordinance are as follows:

[70]

“Section 2. Every person, firm or corporation owning or having control of any candy machine, chocolate machine, postage stamp machine, or any other machine or apparatus of any kind, character or description from which, on deposit of a five cent piece, or any other piece of money, or any article representing money, within said machine, candy, chocolate, postage stamps, or other articles of merchandise (except raisins) are ejected or delivered, shall pay a license of $2.00 per annum for each machine so

used;

provided that machines delivering raisins shall pay a licence of $1.00 per annum, except that for single action slot machines when attached to chairs or railings of theaters or other places of amusement, delivering but one package without refilling, every such person, firm or corporation shall pay at the rate of $8.00 per annum per one hundred machines so used, or eight cents per annum for each machine so used. Amended by Ordinance No. 227 (N. S.) approved June 11,1907.