Citation:
Florentine Ristorante, INC. V. City of Grandville
Court of appeals Michigan

FACTS:

The plaintiff wishes to serve alcohol to its patrons on Sundays which is forbidden by the city in which it operates. Plaintiff believes that it has a right to serve spirits on Sundays as allowed by the Liquor control commission which is the licensing body for the tavern license it holds. The Liquor control commission allows the sale and consumption of beer and wine on Sundays beginning at noon.

The defendant as city has passed an ordinance that the sale and consumption of beer and wine on the premises be prohibited on Sundays.

The plaintiff filed suit saying that the city ordinance is unconstitutional and should be deleted. The trial court decided that the city ordinance was valid and will remain in place.

ISSUES:

1. Is the defendant above its authority given to it by the Liquor Control Act in limiting liquor traffic?
2. Is the defendant in violation of “due process and equal protection clauses of the United States and Michigan Constitutions”?

DECISION:

1. No
2. No

HOLDING: Affirmed

RATIONALE:

The Michigan Liquor Control Commission was given full control of alcohol traffic by the Michigan Legislature. The statute outlines when alcohol cannot be sold and also gives the city’s the right to prohibit the sale of alcohol on Sundays, holidays and special occasions.

The Plaintiff argues that the city has the right to prohibit either all sales and consumption or none. The ordinance however does state that the city can enforce “a less than absolute ban on the sale of alcohol”.
A part of the ordinance that was later deleted and changed stated that municipalities could prohibit the sale of alcohol for consumption on the premises. This was changed deleting the on the premises to give the municipalities more control of the alcohol traffic as they see fit.

The defendant is within its legal limits set by the Liquor control act.

The defendant by restricting the sale and consumption of alcohol “on premises” is not in violation of due process and equal protection clauses. For the welfare of its citizens the city of Grandville has limited the sale of alcohol on Sundays. There are fewer police on duty as well as more families on the road. Allowing “on premises” drinking means that the people consuming the alcohol would then be driving on the roads.

Comments:

I think that it is a good idea for the city to have the ban on “on premises” drinking. It may not be for everyone however this city is using it to protect its people. Each city has a different population and therefore different needs. As it being a small town there is not a lot of police in the area and Sunday is a day where the families get out of the house. Saying this I understand why the business would be upset. They are potentially losing business on that day of the week however; the safety of the public in general should trump the few extra dollars the local tavern would bring in.