City of Shreveport v. P. Draiss & Co.

Citations

• 111 La. 511
• 35 So. 727
• 1904 La. LEXIS 535

Syllabus

<p>INTOXICATING LIQUORS—LICENSES—PROHIBITING SALE—VIOLATION OE ORDINANCE.</p> <p>1. Where no power is delegated to a municipal corporation authorizing it to forbid the sale of intoxicating liquors, it cannot issue licenses to liquor dealers subject to forfeiture.</p> <p>2. The municipality of the city of Shreveport is not vested with authority to prohibit -entirely the sale of liquor. There has been no election held in that city or in the parish of Oaddo under the local option law to determine whether intoxicants should or should not be sold.</p> <p>3. The council has power to enforce obedience to ordinances by fine not exceeding $100 and imprisonment not exceeding 10 days. Without statutory enactment to that end, it cannot pass an ordinance imposing an additional penalty.</p> <p>4. Forfeiture of the license would be an additional penalty. It cannot be legally enforced.</p> <p>(Syllabus by the Court.)</p>