Mernaugh v. City of Orlando

Citations

• 41 Fla. 433

Syllabus

<p>1. When there are both special and general grants of power to municipal corporations to pass ordinances, those given under the special grant, as a general rule, can only be exercised in the cases and to the extent as respects those matters allowed by the charter or incorporating act; and the powers given under the general grant do not enlarge or annul those conferred by the special grant in respect to its subject-matters!, but gives authority to pass ordinances, reasonable in their character, upon all other matters within the scope of the municipal authority not repugnant to the Constitution and laws of the State.</p> <p>2. The terms “regulate” and “restrain,” contained in Section '696, Revised Statutes, providing that the city or town council shall have power to regulate and restrain all tippling, bar-rooms, and all places where beer, wine or spirituous liquor of any kind is sold at retail, or to be drank upon the premises where sold; to require all such places to be kept and used subject to such reasonable regulations as the council may .prescribe, and to require all keepers of such places to procure from the city or town a license for keeping the- same under pains, penalties and forfeitures to be prescribed, do not include the power to prohibit the sale of such liquors in the limits of the city or town, but contemplate the existence and continuance of places for the sale of the same, and restrict the city or town to reasonable regulations and restraints in the conduct of such business.</p> <p>3. The general powers conferred upon cities and towns by Section 673, Revised Statutes, to pass ordinances that may be necessary or expedient to preserve the public peace and morals, for the suppression of riots and disorderly assemblies, and for the order and government of the city or town, construed in con- ' nection with Sections 696 and 677, do not authorize the passage of an ordinance making the sale of intoxicating liquors, wines or beer an offense, even when the co