in response to the second question, can the local government formulate stricter regulations than the central government? The reasoning letter characterizes the stricter distance restrictions set by the Autonomy Ordinance as: “The matters of autonomy under the Local Institutions Act, “business counseling and management matters”, are the norm for the business premises of the video game arcade industry. In accordance with Article 11 of the Regulations on the Administration of Electronic Game Casinos formulated by the central government, the regulations empower local competent authorities to issue, revoke and abolish the business class certificates of electronic game arcades and handle the registration of related matters. Within the scope of self-government matters related to business
guidance and management, it is possible to old picture restoration use the self-government regulations as the norms according to local conditions. Finally, on the third question on the principle of proportionality, the subject matter claimed by the petitioners in this case includes the self-government regulations of New Taipei City, Taipei City and Taoyuan County, which are all about a limit of nearly 1 kilometer, which is about 20 times of the central regulations. Are freedom restrictions in line with the principle of proportionality? The majority opinion is ok. As far as the legislative purpose is concerned, the grounds are considered to be for the maintenance of social tranquility, good customs,
public safety and the physical and mental health of the people and other public interests. Have a legitimate and reasonable connection to the means and purpose by limiting the distance from the business premises to schools and hospitals. Compared with consuming a huge amount of manpower and material resources to implement strict management and illegal bans, it is necessary to effectively achieve the legislative purpose of safeguarding public welfare. The difference between the Laizhu case and Interpretation No. 738 One of the main arguments of the petitioning local government is that the Interpretation No. 738 concludes that the local government can set stricter requirements than the central law on the distance restrictions on the business premises of the electronic amusement industry