State ex rel. Yung Sing v. Permenter
| Decision Date | 17 June 1952 |
| Citation | 59 So.2d 773 |
| Parties | STATE ex rel. YUNG SING et al. v. PERMENTER. |
| Court | Florida Supreme Court |
Stockton, Ulmer & Murchison and William A. Carter, Jacksonville, for appellants.
William M. Madison and O. O. McCollum, Jr., Jacksonville, for appellee.
Appellants instituted a mandamus action in the Circuit Court in and for Duval County, Florida, to compel the issuance to them of a license as vendors at retail of beer and wine in premises which they operate as a restaurant in the southeast corner of the Griner Hotel building. Said hotel is situate upon the southwest corner of Church and Julia Streets in Jacksonville, Florida. The First Christian Church is directly across Church Street from said hotel.
Appellants' application for the beer and wine license was disapproved because the location was determined to be within 125 feet of a church and, therefore, the issuance of such permit was and is prohibited by Section 11, Chapter 25, Code of the City of Jacksonville, 1942.
The question presented is one of the proper method of measurement to be used in determining whether the location of appellants' restaurant is within the prohibited distance of 125 feet from a church as provided by said Code. The Code does not set forth by what method of measurement the distance of 125 feet shall be calculated. If a straight or air line measurement is used the northernmost portion of appellants' restaurant is found to be less than 125 feet from the church property. If either the pedestrian traffic route or street lines measurement is used the distance from the church to the main entrance of the hotel, as well as to the entrance to the restaurant proper, is more than 125 feet.
We have not failed to consider the fact that because the northern wall of the Griner Hotel has no entrance it is impossible for a person to travel in a straight line from the church property to the northernmost portion of the restaurant. Indeed, had there been an entrance in the northern wall of said Hotel the straight line route would have been the same as the shortest pedestrian traffic path and the present controversy would not have arisen. After all, the only point involved in this case is the means of measuring an arbitrary distance. Once it is decided that it should be measured on a straight line, any intervening obstacles lose their significance for a straight line is the shortest distance between two points regardless of obstacles.
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...because the milieu of such a place is considered inimical, which is the theory upon which the state relies. In State ex rel. Yung Sing v. Permenter, Fla.1952, 59 So.2d 773, 774, the Florida court Temptation is but one of the evils toward which this type of legislation is directed. Its prima......
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...108.' See also Section 561.44, Florida Statutes, F.S.A.; Glackman v. City of Miami Beach, Fla.1951, 51 So.2d 294; State ex rel. Yung Sing v. Permenter, Fla.1952, 59 So.2d 773. We ...