S. E. Nichols Herkimer Corp. v. Village of Herkimer

Section 86 of the General Municipal Law grants municipalities in the State power to enact ‘‘ ordinances regulating the nature of commercial and business activities that may he conducted on Memorial day and Independence day and the hours within which * * * business activities may be conducted ”.

*457Pursuant to such authority, defendant village enacted an ordinance on June 7,1971 which provided in part:

‘ ‘ Section 5-501. It shall be unlawful, in the Village of Herkimer, New York, for any person, firm or corporation to sell or offer for sale any article of property on Memorial Day or Independence…