[Download] "Western Pennsylvania Restaurant Association v. Pittsburgh" by Commonwealth Court of Pennsylvania # Book PDF Kindle ePub Free

eBook details

Title: Western Pennsylvania Restaurant Association v. Pittsburgh
Author : Commonwealth Court of Pennsylvania
Release Date : January 02, 1951
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 76 KB

Description

The question is whether the City of Pittsburgh may validly enact an ordinance to safeguard the public health by regulating the operation of restaurants within the city. Ordinarily the answer to such a question would clearly be in the affirmative because the citys Charter Act (Act of March 7 1901, P.L. 20, Article XIX, section xxxiii vests in it the power "To make regulations to secure the general health of the inhabitants....", -- a power which, indeed, it would probably possess even in the absence of such a specific grant: Wartman v. The City of Philadelphia, 33 Pa. 202, 209; Adams v. New Kensington, 357 Pa. 557, 563, 564, 55 A.2d 392, 395. In the present instance, however, further consideration of the problem is required because of the enactment by the legislature of the Act of May 23, 1945, P.L. 926, entitled: "For the protection of the public health by regulating the conduct and operation of public eating and drinking places within this Commonwealth; requiring their licensing; imposing certain duties on the Department of Health of this Commonwealth and on the local health authorities; and providing penalties." Generally speaking, the ordinance here in question, which was approved September 8, 1948, covers substantially the same ground and has the same objectives as the State statute.