Dennehy v. City of Chicago

Citations

• 120 Ill. 627
• 12 N.E. 227

Syllabus

<p>1. Intoxicating liquors—regulations as to selling or giving away— police power. Police regulations prohibiting sales or gifts of intoxicating liquors are sustained, on the ground that they are established for the prevention of intemperance, pauperism and crime, and for the abatement of nuisances.</p> <p>2. Same—municipal powers to license or prohibit—as to the manner of their exercise—classification as to purposes, quantities, and rates—statutes construed. The words, “to license, regulate and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquors, ” in clause 46 of section 1, article 5, of the act relating to cities and villages, are generic, and authorize the classification of sales and gifts by quantity or purpose, or both, and the imposition of different charges for licensing, as classified, subject only to the qualification expressed in the Dram-shop act, and the amendment thereto.</p> <p>3. A city or village incorporated under the general law, has the power, not only to license dram-shops to sell intoxicating liquors by retail, and druggists, but also the further power to exact a license for the sale of liquors in a larger quantity than one gallon, classifying such license as a “license of wholesale liquor dealers,” as distinguished from a “dram-shop license.”</p> <p>4. Where power is conferred to “license, regulate and prohibit” sales of intoxicating liquor, the prohibition need not be total, but may be applied to any and all sales not licensed by law.</p> <p>5. The proviso to clause 46 of section 1, article 5, of the act relating to cities and villages, does not affect the question of the existence or extent of the particular power to which it relates, but only the manner and condition of its exercise, and was designed only to produce uniformity as to the mode of granting licenses, and the terms upon which they shall be granted, to the extent that the general law assumes to establish uniformity in those respects.