What is the test for validity of an ordinance that prohibits the sale and consumption of alcohol in public places?

California, United States of America


The following excerpt is from Daniel v. Board of Police Com'rs of City of Los Angeles, 12 Cal.Rptr. 226, 190 Cal.App.2d 566 (Cal. App. 1961):

The ordinance is a valid exercise of the police power. As stated in Justesen's Food Stores v. City of Tulare, 43 Cal.App.2d 616, at page 621, 111 P.2d 424, at page 427: 'A legislative body, in the exercise of its police power, has a broad discretion to determine both what public interests are and the measures necessary for the protection of such interests. The determination of the need for a mode of exercising the power is primarily for the legislative body and the courts will not hold enactments invalid unless they are palpably unreasonable, arbitrary or capricious, having no tendency to promote the public welfare, safety, morals, or general welfare. Every presumption is in favor of the reasonableness of the law and its validity. A court is not concerned with the wisdom or policy of the law and cannot substitute its judgment for that of the legislative body. If [190 Cal.App.2d 572] reasonable minds might differ as to the reasonableness of the regulation, the law must be upheld.'

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