Q May our town adopt an ordinance requiring its night clubs to provide private security?

A The municipality may be able to exercise its police power to protect and promote the public health, safety, morality or welfare (as per Section 67-3-65) by adopting an ordinance requiring private security at night clubs. However, to be valid, any such ordinance must be reasonably related to protecting the public, must not oppressive, arbitrary, or discriminatory, and must pass constitutional muster. In addition, the town may not abdicate its law enforcement responsibilities, and such an ordinance will not alter those responsibilities. (Attorney General’s Opinion to Powell, April 5, 2013)