The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-04-12
HE CAN REVOKE THEM
City Attorney Defines Mayors
Power Over Liquor Licenses.
Mr.. Denny Will Hear Reports of Next
Sundays Violations and Then Will
Exercise Authority.

City Attorney Scott yesterday handed
Mayor Denny the following opinion on his
power TO revoke liquor licenses:
I'm response to your inquiries with re-
spect 10 your powers 10 suspend or revoke
liquor licenses and to the proper method
of procedure in the premises l respectfully
call attention TO the following provisions
of the charter:
Section IS. 1t shall be the duty of the
Mayor to cause the ordinances of the city
and the laws Of the State to be executed
and enforced. To sign all bonds,
deeds and written contracts OF the corpora
ton and all licenses issued pursuant to law
by any department. and to revoke or suS-
pend any such licenses.
81 am of the opinion that the provisions
quoted vest in you the power, in the exer-
else Of a sound discretion and for cause.
either to suspend or revoke licenses issued
by the city for the sale Of intoxicating
liquors. The grounds upon which such
steps may be taken by you are not specific
ally stated in the statute However, there
are certain restrictions and limitations pro-
yided by law with respect TO the sale of in
toXicating liquors by persons licensed TO
make sales thereof, and certain provisions
OF the law with respect to police super
vision and inspection OF all places OF busi-
ness under license.
These restrictions and limitations as to
when sales may be made and provisions
for inspection of licensed places OF bust
ness are conditions to the license, whether
expressly set forth therein not. and are
consented to by the person accepting the
license. Any violation of these provisions.
whether with respect to sales during pro-
hibited hours or days or by Instructions
OF police supervision, or refuse to permit
police supervision, at the same time adj
hitting others thereto, would constitute
good and sufficient cause for the SuSpen-
sion or revocation of the license.
"A license is not contract. 1t confers
no vested rights. Ii is a mere permit, or
is not exercised upon the conditions pre-
scribed it may be withdrawn.
Zone selling intoxicating liquors. how
under n license n observe
tions thereof is conducting a legitimate
business and Is not violator of the law,
that his privilege should be arbitrarily and
without cause withdrawn or revoked in
the exercise of the powers vested in you in
las to the method of procedure to ascer-
tain whether cause exists for the suspension
or revocation Of the license. that is left to
ton you deem sufficient. An oppor-
tunitv to the licensee for a hearing upon
notice is not, in my Judgment; obligatory
ton, however to such method If you choose
to follow II, and In pursuing It there would,
by an arbitrary exercise of the power so
vested in YOU"
WHAT THE MAYOR WILL DO.
Mayor Denny in speaking of the matter
yesterday said: 81 shall instruct Superin-
tendent Powell have his keep a
close watch next Sunday on all saloons in
the habit of violating the Sunday law and
report to me the names of all those found
selling on Sunday. 1 will hear their re-
ports personally, and after due considera-
ton OF the matter l shall about Tuesday
or Wednesday revoke Ill licenses of those
persons who seem to be persistent and
willful violators of this law. You may
state that / mean this and intend to do
Just as 1 say. This seems to be the only
way to make the saloons close on Sunday
/ am loath to take advantage of any such
apparently arbitrary power. but believe
the trainers of the charter had in view Just
such cases when that section was written.
| am In hopes that all saloon keepers will
the law in the future. / now have suffi-
cient evidence to warrant me in revoking
several licenses, but / will not do so until
1 hear the report of next Sunday, as 1 do
not want any of them to have any reason
TO say that have taken snap judgment on
hon