Gunnarssohn v. City of Sterling

Citations

• 92 Ill. 569

Syllabus

<p>1. Statute—repeal of special by general one. A subsequent statute which is general does not abrogate a former statute which is particular, and a general statute without negative words will not repeal the particular provisions of a former one, unless the two acts are irreconcilably inconsistent.</p> <p>2. Same—Dram-shop act does not repeal charter relating to liquors. The provisions of the Dram-shop act do not take away the exclusive power vested in cities and towns by prior special charters to prohibit the sale of intoxicating liquors.</p> <p>3. Intoxicating liquors — ordinance—extent of prohibition. A general power in a city or town charter to prohibit the sale of intoxicating liquors is sufficient to authorize the adoption of an ordinance for any partial prohibition deemed advisable.</p> <p>4. Under a section in a city charter declaring that “ the city council, by ordinance, shall have exclusive power to license, prohibit or regulate in any manner they may see fit, the selling, bartering or trafficking of any wine, rum, gin, brandy, whisky, malt liquor, strong beer, ale, porter, mixed liquors, or any intoxicating liquors whatsoever within said city,” etc., an ordinance prohibiting the sale, barter or exchange of any of said liquors within the city in less quantities than five gallons is valid and may be enforced.</p> <p>6. Same—license when discretionary in cities or towns. The General Assembly may invest municipalities with full power to license and regulate, or entirely prohibit the sales of spirituous or other intoxicating liquors, and where such power is conferred it is wholly discretionary with the municipality to license and regulate, or partially or entirely prohibit the traffic.</p> <p>6. Same—when prohibition not inconsistent with the policy of State legislation. When special power is conferred by statute upon a city or town to prohibit the sale or traffic in intoxicating liquors, and such power has not been taken away or afterwards prohibited, an ordi