City of Sacramento v. Dillman

Citations

• 102 Cal. 107
• 36 P. 385
• 1894 Cal. LEXIS 604

Syllabus

<p>Municipal Corporations—Publication op Ordinance—Time op Taking Eppect.—Where the charter of a city provides that the hoard of trustees shall publish all ordinances for ten days in some newspaper published in the city, but without providing that the ordinance should not take effect until after its publication, an order regulating liquor licenses takes effect on its passage, and publication thereafter is a ministerial act to give the people notice of its requirements, and is not a condition precedent to its taking effect.</p> <p>Id.—Regulation op Liquor Licenses—Remedy by Action—Constitutional Law.—A city ordinance regulating liquor licenses, and a section of the city charter giving to the city a remedy by civil action in any case where a person required by any ordinance to take out a license and pay therefor, shall fail to do so, are not in conflict with section 12 of article XI of the constitution.</p> <p>Id.—Action to Recover License Fee—Police Regulation.—Notwithstanding an action to recover a license tax for the sale of liquors is connected with a police regulation concerning liquor licenses, such action will lie where the city charter gives to the city a remedy by a civil action in all cases of licenses to transact, do, or carry on any business, trade or occupation without distinction as to the object for which the license is required.</p> <p>Id.—Nature of License Tax—Debt Due.—A license tax sought to be recovered in an action is not a penalty, but in the nature of a debt due from the defendant, or a duty devolved upon the defendant personally, which can be enforced precisely as though he had contracted to pay such sum of money to the city.</p>