Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-04-16
TRANSFERS OF
PERMIT ILLEGAL
CITY ATTORNEYS RULING IS
IMPORTANT
WILL WORK GREAT CHANGE IN
SALOON BUSINESS
Hewitt Tells Mayor and Police Conn.,
mission That Rights to Sell
Liquor at Retail Must Be
Obtained from Board



(Continued from Page Onel
the license itself, which latter fol
lows the permit, and is issued by
the city clerk, acting Enthusiastically.
The board of police commissioners
has only such powers as are ex-
pressliy conferred upon ih by char
ter or by ordinance, or such pow
ersIas are necessarily implied from
the powers granted, and in order
to carry the latter into effect. 1t
cannot, of itself, enlarge it's pow
ers, nor can 1t assume to act with
relation to liquor permits, or any
other matter, unless it has been
authorized so to do, expressly or by
necessary implication. These limi-
tations must, l think, be conceded.
Do the charter and the ordinances
of the city authorize the board to
transfer" liquor permits? There
is nothing in our charter or ordi-
nances to indicate, In the slightest
degree, that liquor permit is any
thing more than a purely personal
privilege. And in the absence of
any provision therein, authorizing
the transfer of liquor permits by
order of the police commissioners,
I am strongly of the opinion that
such power does not exist.
The law of the city providing for
the granting of liquor permits gen.
orally Is found in ordinance No.
1926 new series). Other ordinances
prescribe limitations and conditions
upon the granting of permits in
particular cases, but the ordinance
referred to is the general ordinance
upon this subject. Ordinance No.
1925 (new series) provides in SUBJ
stance that no liquor license of any
kind shall be issued to any person
except upon a permit previously
granted by the board of police COM
missioners and filed with the city
clerk, authorizing the issue of such
license to such person and specify
ing the kind of liquor license that
shall be issued hereunder and the
location of such place or establish
nent."
New Permit Necessary
1t would seem to be clear from
this that IL no person can engage in
the liquor business without per-
init authorizing such = designated
person so to do that a new permit.
regularly granted, as In this ordi-
nance provided, Is necessary in any
case where any other person than
the person. named in the original
permit seeks to conduct a liquor es-
Enlistment of the character and at
the location designated, therein. The
Holder of a liquor permit cannot
himself assign it, so as to give the
assignee thereof any rights con-
GLIDING the police commission, for 1t
is not in any sense an assignable
instrument, nor is 1t competent, in
my Judgment, for the police COM
missioners to sanction such a prac-
tice, in effect, by recognizing such
a purported assignment, and by Or
dering a transfer of a permit to
another person who may be either
an assignee Or party in interest to
such assignment. Three things are
essential to a valid liquor permit,
without which no person can en-
gage in the liquor business per-
son must be named therein. the
kind of liquor license must be
specified and the location must be
designated. Under this ordinance
the transfer" of permit, by or
der of the board, from one person
to another is not authorized or con-
VI.
declared, as 1t did by adopting this
ordinance. that no liquor license
should be issued except upon a per-
NIT granted as therein provided,
1t thereby made a regulation gov
erning liquor permits applicable to
all persons alike.
do not think it would be seriously
urged that If the holder of liquor
permit attempted to change the To-
cation of his place of business a.
new permit would not be necessary;
nor would it be contended that the
holder of a wholesale liquor permit
could change his establishment into
a saloon, called in the ordinance a
retail liquor establishment, with
out a new permit. Likewise, it is
obvious, I think, that the police
could not, by their
order, direct that permit thereto
fore issued for one location should
be amended so as to designate an
other location; nor that permit,
originally issued for wholesale
liquor store, should be thereafter
changed So as to authorize the per-
mitee to conduct a saloon. In either
case a new permit, granted "as in
the ordinances of said city pro-
vided," would be necessary.
Same Rule Holds Good
The same rule, apprehend, holds
good with reference to the person to
whom the permit may be granted,
for in many respects the character.
and fitness of the person to whom
liquor permit is granted is the most
important element to be taken into
consideration. / see no ground for
exempting the holder of a permit
from the requirement of obtaining
a new permit when a change of pro-
prietors takes place; nor for assum-
ing that, when one man goes out OF
the liquor business and another
seeks to go into 1t the police COM
can direct that the orig
inal permit be transferred" to a
successor without the formality OF
a permit that the law prescribes.
The law specifies but one way of
granting permits and warrants no
exemptions or exceptions or modi-
fications.
The business of selling liquors is
one which, for reasons of public
policy, can only be conducted by
persons to whom permits have been
granted. Licenses to engage in such
business in any manner, whether at
retail in saloons, or by wholesale. or
in restaurants with meals, are
equally within the rule requiring
permits as necessary condition
precedent thereto. No license can
issue without a permit, and when
the permit is granted the license is
nothing more or less than the evil
dence that the holder of a permit
has paid the license tax, and has
received the necessary permit.
Without the permit there Is no
authority to issue the license, and