Forest v. Morgan

The petitioner has been licensed since March, 1935, to sell pretzels from a permanent push cart stand, No. 503, located in a portion of the public highway set aside by the city as a market. For this license he paid a fee of one dollar a week to the city. He has been refused a renewal of his license because of an ordinance adopted on December 24, 1937, which forbids the peddling of bakers’ products within 1,000 feet of any bakery. The ordinance in substance reads as follows: “ Peddling of bakers’ products within 1,000 feet of any bakery now or when established and doing business during the…