Chapter 5The state of Hibernia has a statute that authorizes the Alcoholic Beverage Control Board, a body whose members are appointed by the Governor, to issue licenses for the sale and dispensing of alcoholic beverages under conditions provided for by law. The Board is empowered to establish the distance requirements between alcoholic beverage vendors and places of worship and schools. Although the statute does not specifically delegate authority to the Board to regulate hours for sale of alcoholic beverages; it authorizes the Board to promulgate such rules and regulations as it finds necessary for regulating the sale and dispensing of alcoholic beverages within the state “in the interest of the public health, safety, and welfare.” The Board recently held a public hearing to consider adopting a regulation restricting the business hours of establishments with licenses allowing consumption on the premises. The Doghouse, which is licensed by the Board to dispense alcoholic beverages for consumption on the premises, features nightly entertainment for its patrons and usually closes at midnight. The Doghouse’s lawyer appeared at the hearing and opposed restricting hours of sale. Nevertheless, the Board adopted a regulation prohibiting the sale of alcoholic beverages for consumption on the premises from 10:00 p.m. to 9:00 a.m. daily. Believing the new regulation will have a severe economic effect on its business, The Doghouse petitioned the local court to declare the regulation invalid as being arbitrary and beyond the Board’s authority. The local judge disagreed and held the regulation valid. The Doghouse has filed an appeal in the state appellate court. What constitutional arguments might the Doghouse’s attorneys employ in attacking the regulation?
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