MUNICIPAL CORPORATIONS-STANDARDS REQUIRED IN LICENSING ORDINANCES

Authors

Abstract

Defendant appealed from conviction for operating a used auto business without obtaining a license for such business under a city ordinance requiring same to be granted by the city commission if in its opinion applicant was a proper and suitable person, the place to be used was proper, having in mind the nature and character of the business and possibility of commission of crime, and the sanitary facilities thereon were proper. There was no specific legislative grant for passage of such ordinance. Defendant's application was rejected by the commission mainly because of lack of proper sanitary facilities. Held, standards to guide and control the licensing body are required, especially as to the type of business involved in the instant case, which was not inherently dangerous or inimical to public welfare, and the ordinance was invalid because it conferred too broad a discretion and did not set up reasonable standards to guide the commission in granting the license. People v. Sturgeon, 272 Mich. 319, 262 N. W. 58 (1935).

Recommended Citation

MUNICIPAL CORPORATIONS-STANDARDS REQUIRED IN LICENSING ORDINANCES, 34 Mich. L. Rev. 572 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss4/18