Fisher v. Board of Police Commissioners

WOOD, P. J. Samuel M. Fisher filed applications for renewal of permits to operate a secondhand jewelry business and a secondhand general business at 8125 West Third Street in Los Angeles. After a hearing, regarding allegations that he had been convicted of a felony which related to his business, the Board of Police Commissioners notified him that his applications were denied. Fisher then petitioned the superior court for a writ of mandate to compel respondents (the board and its members) to issue permits to him. The court found [299]that there had not been a denial of the applications by a majority vote of the members of the board as required by the city charter, and made an order remanding the matter to respondents for action consistent with the court’s findings. Fisher’s notice of appeal states that he appeals from the judgment.

Appellant contends that since there was not a determination, by a majority of the board members, denying his applications, the permits should have been renewed automatically; and that the court erred in remanding the matter to the board.

On June 12, 1962, Fisher was arrested for allegedly purchasing stolen jewelry at his place of business. He was charged with receiving stolen property (a felony) and was found guilty as an accessory after the fact (accessory to such felony—violation of Pen. Code, § 32). He was placed on probation for 5 years.

On September 16, 1963, after Fisher had applied for renewal of the permits, he received from the Los Angeles Police Department a notice of the board’s intention to deny the permits on the grounds of his said arrest, conviction, and probation. The notice also stated that in the event that he requested a hearing on the matter, the hearing would be on a certain date (stated therein). After a hearing thereon, the hearing examiner made a report wherein he recommended that the permits be granted subject to whatever conditions the board wished to impose. The report was filed with the board, and the board notified Fisher that it would conduct a hearing on the matter on November 20,1963.

On November 20, three of the five commissioners were present when the matter was called for hearing. Fisher submitted the matter to the commissioners on the hearing examiner’s report, and two of the commissioners voted to grant the applications, and one commissioner voted to deny them. When Fisher was preparing to leave the hearing room, the commissioners advised him to stay so that a second vote might be taken. A fourth commissioner was then called into the room, and a second vote was taken. At that time two commissioners voted to grant, and two commissioners voted to deny, the applications. On the next day (November 21) Fisher was notified by the board that his applications were denied, and that in view of the fact that there was a tie vote on November 20, he might request a reconsideration by the board.