Jon_call's List: SSLC Hours of Operation

In Southland Corp. v. Janoski,²⁷ the Supreme Court in Suffolk County upheld a local law rezoning a retail district which limited the hours of operation of retail businesses between 12 a.m. and 5 a.m.²⁸ The court found the local law to be a proper exercise of the town’s police powers enacted to encourage harmony between businesses and residents and to promote the “health, safety, peace and comfort” of local residents.²⁹ The local law served the legitimate governmental purpose of controlling traffic and noise. The local law was upheld as constitutional and affirmed on appeal.³⁰

For instance, in Town Board of the Town of Southampton v. 1320 Entertainment, Inc.,⁴⁰ the Town Code restricted the hours of operation of the defendant’s automobile racetrack. The court held that “insofar as [the] Town Code . . . imposes reasonable limitations upon the days and hours during which races may be conducted, it is a proper exercise of the town’s police powers.”⁴¹