Legal Opinion

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Florida Attorney General Reports

Decided December 30, 1977Published

1Opinion of the Court

QUESTION:

To what constitutional limitations is a municipality subject when it attempts to restrict the business hours of restaurants, gasoline service stations, and grocery stores presently operating on a 24 hour daily basis?

SUMMARY:

The question of a municipality's right to regulate the hours of business operation of retail businesses pursuant to its police power depends upon whether the regulation is required for the public health, morals, peace, safety, or welfare and whether the regulation is reasonable and substantially connected with the public interest sought to be served.

The issues…

2Cases cited26 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. State Ex Rel. Fulton v. IvesSupreme Court of Florida · 1936
  3. State v. GordonSupreme Court of Connecticut · 1956
  4. Olds v. KlotzOhio Supreme Court · 1936
  5. Amodio v. Board of Commissioners of West New YorkSupreme Court of New Jersey · 1945

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