Kernrechtsfrage
Whether the annual restaurant patent tax is unconstitutional because it is a special tax without sufficient public justification and treats restaurateurs unequally.
Extrahierter Entscheid
The tax is a constitutionally permissible special tax on economic activity, justified by public-health, public-safety, public-order, and regulatory-control reasons.
Extrahierte Begründung
The levy is mainly an earmarked tax, not a fee, because there is no direct individualized state counterperformance. Cantons may still impose special taxes on certain economic activities if supported by objective public-interest reasons and respecting equality and arbitrariness standards.