Foster v. Bd. of Police Comm'rs

Citations

• 102 Cal. 483
• 37 P. 763
• 1894 Cal. LEXIS 672

Syllabus

<p>Municipal Ordinance—Regulation of Liquor Licenses—Police Power —Constitutional Law.—The ordinance of the city and county of San Francisco, known as Order Number 2637 amendatory of Order Number 1589, whereby it is provided that no license to sell liquor shall be granted to certain persons of specified classes, including, among others, any person who has carried on the business of selling liquors in any place where females are employed to wait, is a valid exercise of the police power under section 11 of article XI of the state constitution.</p> <p>Id.—Effect of Constitution Upon Local Statute—Power to Amend Existing Regulation—City Charter.—The act of 1878 regulating liquor licenses in the city and county of San Francisco was upon a local subject included within section 11 of article XI of the constitution of 1879, giving to the city power to “make and enforce within its limits all such local, police, sanitary or other regulations as are not in conflict with general laws”; and the power to legislate upon such subjects thus given to the city necessarily includes the power to amend an existing regulation upon the same subject; and this authority expressly given in the constitution obviates all necessity of any authority being given upon the same subject in the charter.</p> <p>Id.—Retrospective Ordinance—Ex Post Facto Law-—Fitness to Conduct Dangerous Business.—A retrospective ordinance depriving persons of the right to a liquor license who have been convicted of felony, or who have carried on the business of selling liquor in places of amusement, where females were employed, is not an ex post facto law within the meaning of the constitution of this state, or of the United States, not being a penal or criminal law, nor punishing any past act committed, done, or suffered to be done; but simply furnishes a standard applicable to all persons, by which their fitness to conduct a business, in itself dangerous to the morals and good order of the city, shall be measured.</p>