Allied Vending, Inc. v. City of Bowie
Maryland Court of Appeals
631 A.2d 77 (1993)
Facts
The cites of Takoma Park and Bowie (the cities) (defendants) enacted an ordinance requiring companies that sold cigarettes in vending machines to obtain a city-issued permit. The cities sought to restrict such vending machines to areas that were not accessible by minors. Allied Vending, Inc. (Allied) (plaintiff) sued the cities, claiming that the ordinances were preempted by state law. Specifically, Allied pointed to the state’s comprehensive regulation of vending-machine cigarette sales. The state, among other things, required a permit to operate such a vending machine and specified the standards for obtaining one; regulated the term and renewal of such permits; created requirements for maintaining the permits, including an identification label and a warning label; required regular inspections of the vending machines; and made it a crime to fail to comply with these state laws. The circuit court upheld the city ordinances. The Maryland Court of Appeals issued a writ of certiorari.
Rule of Law
Issue
Holding and Reasoning (Karwacki, J.)
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