People ex rel. Morrison v. Cregier

Citations

• 138 Ill. 401
• 28 N.E. 812

Syllabus

<p>1. Intoxicating liquors—power to regulate the sale. The statute confers upon municipal corporations the power to license, regulate and prohibit the sale of intoxicating liquors, those powers being given, not in the alternative, but cumulatiyely, and to be exercised concurrently whenever the municipal authorities, in their discretion, see fit to exercise them.</p> <p>2. The power to license, regulate and prohibit the sale of intoxicating liquors must be exercised by a city or village by means of an ordinance passed by the proper municipal authorities. The mere legislative grant of this power does not, of itself, authorize the corporate authorities to issue licenses. The power is dormant until called into exercise by appropriate municipal legislation.</p> <p>3. Same—ordinance licensing the sale, in part of village—whether reasonable. An ordinance of a village which authorizes the grant 6f licenses to keep so many dram-shops, etc., outside of prohibted districts as the board may think the public good requires, and which creates certain districts within which no licenses shall bp granted, is not unreasonable, and is not obnoxious to the charge of creating monopolies. Partial prohibition within the limits of a village or city will not render the ordinance invalid. By subdivision 46 of section 1, article 5, of the general Incorporation law for cities and villages, the city council or board of trustees is empowered to provide by ordinance for granting licenses to keep dram-shops in a part of the territory of the city or village, and at the same time prohibit the keeping of dram-shops in the residue of the territory.</p> <p>4. By passing a general ordinance, municipal authorities may determine when, to whom and under what circumstances licenses may be granted, and if such ordinance is not unreasonable, the power of the executive officers of the city or village to issue licenses will thereafter be controlled and measured by its terms. If no discretion is reserved in relat