Opinions of the City Attorney of San Francisco 1930-31
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2, :-ight industries olearly incidental to tha o;)ercitlo« of an airrusement ^''ax'^* S* i^leotrlc sub-stations and telephone ezohangea* ^S-^oV .XC91 «•& y$m •#OlT#ftXL • mJt wtuiQMlttmmii Ml f ICVCl. !{ia«ii#«M 70l 4c9i;j;>«v tea/^ "1'. : or' v^J ^.i-. • •jfKCur Iac r,/;rro« Al«I hi o! ? Hi •& .5 4* lubXlo ^r«s»8 and gaaollne serrlM statlona laay b« oonduoted in a Oanoaralal Jistriot only undar ^^rmita grantad by the DoaTd of .up«rrl«or«# Ko usos pexnitlwd by ;3«otloxui 3 and 4 haraof shall be... exoluded from the QonMrolal Ulstrlot*** Subdivision 13 of aootlon 5 of tho oforeaaid crdlaacoe, ns will be noted libovo, rrorldes tlmt in a eoinrorolal dlctrlot no building or prttBiisea ehnlX be used , and no building shall be oonstructed or altered, vhieh le arranf:;9d, intended or designed to be used, for any kind of laanufaotioni other than s«nxif aoturing elearly inoidental to a retail buaineaa eonduated ob the preialaea* The situtition here reaolTes itaelf into one of faet rather than one of lav, for the reason that the ovdlnanoe olettrly i^rovldea that loe may be maiwf^etured on the remises as an Incident to a retail loe bus- iness eonduoted on the yrertiees* Hovever, the ordlnanoe does not i-ermit the rianufaoture of loe for retail dlatrlbution other than on the premises* This ie fairly oloar* Thewfore, it Is ay opinion that the q.uestion of Issuing the permit Is slnion that the peisilt should be granted t ^n the other hand, however, if sueh la not the oase, ti^ie cerri^lt should bo denied* This question of faot Is entirely up to the Board of ^ubllo ?^orks for detsnaination and answer* He«i»e4itfully, irmTfiumr Board of iubllc orks.
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