In this jurisdiction we do not so restrict the police power (Flinn v. Treadwell, supra), but a filling station, for which permit is here sought, would be subject to restriction even under the Illinois rule. Starkey v. City of Longmont, 91 Colo. 387, 15 P.2d 620. The Louisiana Supreme Court, in State ex rel. v. Harris, 158 La. 974, 105 So. 33, sustained the validity of an ordinance making it unlawful to erect any business buildings within residence districts, except, upon presenting to the building inspector a petition signed by not less than fifty-five per cent of the property owners actually residing on the street where the building is sought to be erected. The contention that this was an illegal delegation of powers was denied under authority of the Cusack case.

The constitutionality of that ordinance thus was upheld. In Starkey v. City of Longmont, 91 Colo. 387, 15 P.2d 620 (1932), Starkey was convicted of violating a city ordinance by operating a "self-serve" or "slot-machine" gasoline filling station without a license. The issue presented was whether a city ordinance which provided that "no license should issue for a station having no attendant in charge" was reasonable.