Brock

Serve Yourself Gasoline Stations Ass'n v. Brock

Good Law
1952 Cal. LEXIS 308·39 Cal. 2d 813·249 P.2d 545
Supreme Court of CaliforniaOctober 31, 1952L. A. 21968California2,602 words

Opinion

Opinion

Spence, J.

Plaintiffs and interveners, owners and operators of self service gasoline stations, appeal from a judgment declaring that sections 20880, 20882, 20883, 20884, 20885 and 20886 of the Business and Professions Code, regulating price advertising on or near gasoline stations, are constitutional and are applicable to plaintiffs’ price signs.

Appellants contend that the sections in question involve an improper exercise of the police power, depriving them of their property without due process of law. It is further contended that these sections violate article IV, section 25, subdivision 33 of the California Constitution in that they constitute a special law that is unnecessary because a general law (Bus. & Prof. Code § 17500) is and can be made applicable. We have concluded that this regulation of price advertising is a proper exercise of the police power and that the judgment must be affirmed.

The sections in question require price signs, other than price signs on the gasoline dispensing apparatus (Bus. & Prof. Code §§ 20820-20826), to set forth in detail and in lettering as large as other lettering thereon, the total price of the gasoline, including tax and grade. Signs using the…

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