Omaha daily bee., 1906-10-02
RULES on LIQUOR LICENSES
Attorney General Renders Opinion on
Powers Of Police Board.
HAS AUTHORITY TO REVOKE LICENSES
NO Question of Boards Power TO
Refuse License when Applicant
Has shown Himself Unde-
sirabIe Person.
tFrom q STAR correspondent.l

From a stan Correspondent
LINCOLN, Oct. 1.-(Specisl. )-Governor
Mickey, who has received numerous COM
plants from Omaha and South Omaha
regarding the enforcement Of the Slocumb
law, and who has invariably referred the
compliments to the courts for relief has
received another opinion from the attorney
general regarding the control Of the fire
end police boards Of these two cities. The
opinion is as follows;
Right to Revoke License.
have your communication requesting
an opinion touching the powers and duties
sioners in cities having more than 1900
ana less than 1000 inhabitants. In your
com1m r you state;
knowledge throughout the community that
q ncensee Is guilty of serious infraction OF
and yet it is almost Impossible to secure
CONVICTION. / wish your written opinion
ss TO whether or not the members of the
would be personally liable for damages
IN suit brought against them by a IL
without a conviction in she courts
Section 132, article II, chapter xiii, Com
piled Statutes 1906, defining the duties and
powers OF the Board of Fire and Police
commissioners in cities having more than
200 and less than 1000 Inhabitants. pro-
THE Board Of Fire and Police Commits
sloners may by ordinance license, restrain.
regulate or prohibit the selling or giving
away of malt, spirituous or vinous, mixed
or fermented intoxicating liquors, the IL
cense not to extend beyond the municipal
year for which It shall be granted, and to
determine the amount TO be paid for any
such license, not less than the minimum
gum required by any general law upon
the subject. All the restrictions, regula-
tons forfeitures and penalties provided
by law respecting the sale of liquors by
persons licensed therefor by the county
hal anrlxr IN nd dnnc
Except druggists) licensed by virtue of
this section, and any person selling OF
description mentioned in this section with
out first having complied with such regula-
tons and procured license or permit
demeanor, and on conviction thereof shall
be fined in any sum not more than 500
city jail until such S fines and costs are
paid; provided, that any permits issued
to druggist may be revoked by the Board
ure- And further provided. That any Ii
cense issued by the Board of Fire and
toned in this section shall be revoked by
the Board of Fire and Police Commission
ers upon conviction of the licensee of any
ton pertaining TO the sale of such liquors.
and proceedings of appeal or error taken
to review such judgment or conviction shall
In nowise affect the revocation of such
license or the effect of such conviction
until appellate or error proceedings be
nnally determined ana Sucn cOnVlCtlOn DC
finally annulled. revoked or reversed"
The legislature by this section has con-
ferred upon the Board of Fire and Police
Commissioners of South Omaha the right
by ordinance to license and regulate the
sale of intoxicating liquors within the
provides that "all the restrictions. regula-
lions, forfeitures and penalties provided
by law respecting the sale of LIQUORS by
persons licensed therefor by the county
boards shall apply to and govern persons
Except druggistsj licenses by virtue of
While the Board of Fire and Police Com
missioners has authority TO license the sale
of liquors in the city, II is required to
exercise its power subject to the limitations
and restrictions imposed by general law.
The section under consideration provides
that the Board OF Fire and Police Commits
Icensee upon his conviction ofrany viola
ton OF any law, ordinance or regulation
pertaining to the sale of such liquors You
ask whether the Board of Fire ana Police
Commissioners OF South Omaha would be
personally liable for damages In suit
brought against them by licensee In case
they revoke his license without convic-
ton in the courts" No express power to
revoke is conferred upon the board by
the act governing cities of the class Of
South Omaha except upon conviction, but II
Is my opinion that If reservation of the
right to revoke is reserved In the license
proof before the board OF a violation OF
the rules or regulations of the board, or
OF the ordinances OF the city, or OF the
statutes OF tne state reldllnB 70 tie
IN intoxicating liquors, and that the mem
bers of the board would not be liable for
damages in a suit against them by
licensee in case they should revoke his
license upon proof before the board, with
out a conviction in the courts.
Can Insist on Strict Terms.
II IS further my opinion that, the Board
of Fire and Police Commissioners of South
Omaha has a right to insist upon a con-
dition precedent to the issuance of a license
to the effect that the applicant shall agree
that his license may be revoked at the
will of the board upon proof before the
board OF any violation of the rules or regu-
lations of the board. of the ordinances
OF the city, or of the statutes of Nebraska.
1t was so held in the case OF Grand Rapids
against Brandy 105 Mich. $40. In p Am.
Eng. Ency. OF Law, S26, the following
language isNused:
by accepting and acting under a license,
the Hcensee consents to all conditions
thereby. Including provisions as to its re-
vocation"
see, also, Virgins against City of Chi
cago IS Ill. 372. In Huber against Bauh,
43 la. 514, the court said:
THE revocation by a municipal corpora
ton of a license to sell intoxicating liquors
upon certain specific conditions, a VIOLA
ton of which. according to the express