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MATTER OF 8TH ST. PARKING CORP. v. DEP'T OF CONSUMER AFFAIRS OF THE CITY OF NEW YORK

159 A.D.2d 205 (1990)

In the Matter of 8th Street Parking Corporation, Appellant, v. Department of Consumer Affairs of the City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 1, 1990

Department of Consumer Affairs General Regulations § 15 (2), challenged by the petitioner as unconstitutional in its authorization of warrantless searches of the nonpublic areas of the licensee's premises, is constitutional. The parking garage industry is a pervasively regulated business, and the warrantless inspection authorized is necessary to further the regulatory scheme which is clearly informed by a substantial governmental interest (New York v Burger, ...

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