City of Tacoma v. Keisel

Citations

• 68 Wash. 685
• 124 P. 137
• 1912 Wash. LEXIS 1354

Syllabus

<p>Intoxicating Liquors — “Regulation”-—Power Conferred on City —Anti-Treating Ordinance. As the power to “regulate” the sale of intoxicating liquor implies the power of partial prohibition, an anti-treating ordinance prohibiting the sale of intoxicating liquors in lcensed saloons to be drunk on the premises by any other person than the one buying the same, is within the power conferred by Rem. & Bal. Code, § 7507, authorizing cities of the first class to regulate the selling or giving away of intoxicating liquors, to grant licenses for any lawful purposes, to regulate the carrying on of occupations affecting the public health or good order of the city, and to make all regulations necessary for the preservation of public morality, health, peace, and good order within its limits.</p> <p>Intoxicating Liquors — Regulation—Anti-Treating Ordinance— Reasonableness. An ordinance having for its purpose the prohibition of treating in licensed saloons is not an unreasonable regulation of the liquor trafile, under the power to regulate such traffic and to make regulations necessary for the preservation of public morality; the decision of the city authorities being controlling upon the courts unless the unreasonableness of the ordinance is free from doubt.</p> <p>Same — Constitutional Law — Inherent Rights. A citizen has no inherent right to treat another to intoxicating liquors in a licensed saloon.</p> <p>Ordinances — Enactment—Amendment. An anti-treating ordinance is not an amendment to the general ordinance upon the subject of the regulation of intoxicating liquors, required by charter to be enacted by a new ordinance containing the entire ordinance as amended, merely because it provides additional regulations and restrictions upon the sale of intoxicating liquors, where it is not enacted as an amendment, but in the form of an original ordinance, and each law could stand without conflicting with the other.</p> <p>Constitutional Law — Class Legislation — -Equal Protection of