MUNICIPAL CORPORATIONS - POLICE POWER - VALIDITY OF ORDINANCE FIXING CLOSING HOURS

A municipal ordinance required that all local business concerns selling or distributing food stay open for business only during the hours of duty of the municipal meat and food inspector. Hotels, restaurants, boarding houses, confectioneries, drug stores, soda fountains, and milk and cream dispensers were expressly excepted from these requirements. Plaintiff, a general grocery store, sought an injunction against the enforcement of these provisions, alleging that they were unreasonable and that the exceptions were discriminatory. Held, that under its police power to protect the public health, the municipality was authorized to pass such an ordinance as an aid to the proper inspection of foods. The exceptions were not discriminatory as class legislation, but were based upon a proper classification and upon considerations of necessity for accommodation and convenience. Justensen\u27s Food Stores, Inc. v. City of Tulare, (Cal. App. 1937) 70 P. (2d) 529