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MMLU / A man entered into a franchise contract with a company to operate a fast-food…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A man entered into a franchise contract with a company to operate a fast-food restaurant in a city. The company's national headquarters is located in another state. After the contract was executed, the man leased a store in a shopping center where he planned to open his restaurant. City public officials, however, refused to grant the man the necessary food vendor's license despite the fact that he could prove that his restaurant complied with all provisions of the municipal licensing ordinance. Section 1287 of the city food vending ordinance provides, in part, that "a food vendor's license shall be issued to any applicant who properly complies with all of the health requirements of this ordinance. " After the man's application for a food vendor's license was rejected, he requested a hearing to establish his qualifications. City officials refused this request and also declined to give any reason for his license denial. Which of the following is the strongest constitutional argument that the man may use to challenge the refusal of the city officials to grant him a food vendor's license?

choices

  1. The city action denies him procedural due process.
  2. The city action denies him substantive due process by arbitrarily regulating economic activity.
  3. The city action constitutes an undue burden on the potential interstate commerce between the man and his out-of-state franchisor.
  4. The city action impairs the obligation of the man's contract with the franchising company and his rental agreement with the shopping mall.

subject

professional_law

Discussion

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Source and history

task_id
850a1845-ff12-563f-a422-8f3808d19857
task_key
all--test--850a1845-ff12-563f-a422-8f3808d19857
task_revision_id
1
config / split
all / test

Official source

initial import