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All Jurisprudence based

0 tracked cards Political and Public International Law

A city passes Ordinance No. 2027-03 prohibiting the operation of drive-through service windows for restaurants within the central business district from 9:00 p.m. to 6:00 a.m., with penalties including fines up to PHP 120,000 and suspension of business permits for repeat violations. A group representing restaurant owners challenges that the ordinance is beyond the city's police power and unduly burdens commerce and livelihood. Which of the following statements best identifies the controlling doctrine and standard used to evaluate the validity of police power measures, and assesses whether Ordinance No. 2027-03 is a valid exercise of police power?

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Rational basis review governs economic regulation; as long as there is any conceivable rational basis for the measure, the ordinance is valid regardless of its burden on commerce. Proportionality or least restrictive means is required; the ordinance is valid only if it is the least disruptive option to achieve traffic safety in the CBD. The governing police power doctrine recognizes that regulation for public welfare is valid if it bears a substantial relation to a legitimate public purpose and is not arbitrary or oppressive; the ordinance would be valid if it demonstrably reduces traffic noise and is not unduly burdensome. The police power cannot regulate economic activity at all beyond preventing immediate physical harm; therefore any drive-through ban is unconstitutional without a showing of direct public health threat.

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