Schwuchow v. City of Chicago

Citations

• 68 Ill. 444

Syllabus

<p>Intoxicating liquors—power to license, regulate, restrain or suppress—construed. Where the legislature confers the power to suppress groceries where liquor is sold, or to regulate, license and restrain the same, it is a matter purely discretionary whether or not the city will wholly prohibit its sale, or license and regulate the traffic.</p> <p>2. Same—right to forfeit license. Where power is conferred on a citv to prohibit entirely the sale of intoxicating liquors, or to regulate and license the same, at discretion, the city may grant the privilege of selling such liquors on such terms and conditions as it may see fit to impose, and has ample power to impose, as a condition, that a license granted shall be subject, to revocation on the violation of any of the ordinances regulating the traffic.</p> <p>3. Same—power to impose other restrictions and conditions. In such a case, where absolute control over the whole subject of granting licenses is conferred, the city may impose any other conditions calculated to protect the community, preserve order and suppress vice, such as the closing of the grocery on election days, holidays or Sundays, or the closing of the same at a particular hour each evening, etc., and for a violation of any of these conditions provide for a forfeiture of the license. Such power grows out. of the fact, that it is discretionary to prohibit the sale, or license it on such terms as the city may choose.</p> <p>4. License—assent to conditions by accepting. Where a party applies for and accepts a license under an ordinance imposing conditions and restrictions, and the license itself contains a condition that it may be revoked at. the discretion of the ma}-or, he thereby assents to the terms and conditions imposed, both in the license and the ordinance under which it is issued.</p> <p>5. Ordinance—distinction between restraints on liquor traffic, and in restraint of trade. Restraints upon ilie traffic in spirituous liquors are not like such as rest