Amico’s Incorporated v. Mattos – Case Brief Summary (Rhode Island)

In Amico's Incorporated v. Mattos, 789 A.2d 899, 903 (R.I. 2002), a municipality enacted an ordinance creating stringent new requirements for restaurants that permitted smoking. Id.

Specifically, the ordinance required local restaurants to locate their "smoking sections" in separate rooms with solid walls and automatically-closing doors. Id.

The preexisting State statute governing smoking in restaurants "provide only a skeletal or baseline standard for licensing, leaving to cities and towns the addition of flesh and blood details by ordinance unless the Legislature by express language or action directs otherwise." Id.

In Amico's, the Ordinance augments rather than conflicts with the statute's requirements. Id.

Rhode Island Case Brief Legislature Ordinance Statute

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