Paul v. City Of Wash.

• Decision Date: 08 March 1904
• Citation: 114 N.C. 363,47 S.E. 793
• Parties: PAUL . v. CITY OF WASHINGTON.
• Court: North Carolina Supreme Court

47 S.E. 793

114 N.C. 363

PAUL .

v.CITY OF WASHINGTON.

Supreme Court of North Carolina.

March 8, 1904.

intoxicating liquors—municipal corporations—reasonableness—equitable belief—injunction—scope.

1. An injunction will not lie to restrain a city from enforcing ordinances regulating the liquor traffic within its corporate limits, and from revoking and canceling complainant's license for violation thereof, and to declare such ordinances void on the ground that they impose unreasonable, vexatious, and oppressive restrictions on the business of selling liquors by those licensed to do so by the city authorities.

2. Under Priv. Laws 1903, c. 170, p. 362, § 18, incorporating the city of W., and providing that the board of aldermen of such city shall have power to regulate, control, license, or prevent the sale of spirituous, vinous, and malt liquors, and preserve the peace, order, and tranquillity of the city, such board had power to pass reasonable ordinances to restrict and regulate the liquor traffic in such city, and to prohibit the same, at their election.

3. City ordinances regulating the liquor traffic prohibited the use of any contrivance obstructing the view of the interior of the saloon from the outside: required all liquors to be served and drunk at the counter; prohibited the use of tables, lounges, etc.; declared that the saloon keepers, their servants or employes, should not use any side or rear doors, trap doors, elevators, or stairways for the purpose of selling or delivering liquor; established business hours between 6 o'clock in the morning and 8 o'clock in the evening; prohibited the saloon keeper or his employes from being in the saloon during closing hours; prohibited the use of billiard tables, pool tables, gaming devices, tenpin alleys, or other devices in saloons; and also prohibited the maintaining of any restaurant or committee rooms connected with the barroom of the saloon, or in the same building where liquors were sold, unless the places were separated by one or more solid perpendicular walls, with no openings of any kind therein; and authorized the board of aldermen to revoke the license of a saloon keeper, in addition to the imposition of a fine, for breach of such regulations. Held, that such regulations were not objectionable as unreasonable.

Douglas, J., dissenting in part.

Appeal from' Superior Court, Beaufort County; Hoke, Judge.

Bill by Smith Paul against the city of Washington to restrain defendant from enforcing certain liquor ordinances. From an order dissolving a restraining order, plaintiff appeals. Affirmed.

This is an appeal of the plaintiff from an order made by Judge Hoke in which he dissolved a restraining order theretofore made in the case. The plaintiff was, before the 1st day of January, 1904, and at the time this action was commenced (January 18, 1904), engaged in retailing liquor in the city of Washington, N. C, in a large two-story brick building situated at the corner of Main street and Whitecar alley. There is a front door upon Main street and a side door upon Whitecar alley, and also a door from the rear of the building opening into the lot upon which the building stands; and there has been, and still is, a cellar beneath the building, with a trapdoor leading to the cellar, and the cellar has been used and could be used for storage purposes. Prior to the 1st day of January, 1904, the plaintiff rented out the second story of the building as a general restaurant, and a part of the time conducted the same on his own account. On the 4th of November, 1903, the board of aldermen of the city of Washington enacted and adopted (to go into effect on the 1st day of January, 3904) the following ordinances:

"(1) That it shall be unlawful for any person, firm or corporation, carrying on the business of selling spirituous, vinous or malt liquors in Washington, or for any agent, servant or employee of such person, firm or corporation, to have, use, permit or allow in their saloons, sales room or place of business, any storm doors, partitions, screens, blinds, stained glass, or any contrivance which shall in any manner obstruct the view of the interior of his or their saloon, sales room or place of business or any part thereof, or which shall in any manner conceal or cut off any view of any person or persons in such saloon, sales room or place of business from and through the front door and windows thereof. All front doors shall be glass paneled, one glass to the shutter; the bottom of said panel shall not be more than four feet in height from the level of the sidewalk; the bottom of glass in all front windows shall not be more than four feet in height from the level of the sidewalk; all glass in front windows and front doors shall be kept clean of dirt, specks or anything that will dim or obstruct the view of the interior of such saloon, sales room or place of business. No counters shall extend more than fifty feet from the front door or doors of said saloon or saloons. All liquor shall be served at the counter, and all liquors drunk in said saloon or saloons shall be drunk at the said counter or counters; and any person violating this ordinance shall, upon conviction thereof be fined fifty dollars. Each and every day upon which a violation of this section shall be committed or continued shall constitute a separate offense.

"(2) That it shall be unlawful for any person, firm or corporation, carrying on the business of selling spirituous, vinous or malt liquors in Washington, or for any agent, servant or employee of such person, firm or corporation to use, permit or allow any side door or rear door, trap doors, elevators or stairways for entrance to or exit from his or their saloon, sales room or place of business by side or rear door or place of entrance or exit; nor shall any spirituous, vinous or malt liquors be sold or delivered through any window or other opening, and any person violating this ordinance shall upon conviction thereof be fined fifty dollars. Each and every day upon which a violation of this section shall be committed or continued shall constitute a separate offense; provided nothing herein contained shall prevent the use of such back or side doors by the person or persons carry ing on said business, his or their agents, servants or employees for purposes other than the sale or delivery of liquors.

"(3) That it shall be unlawful for any person, firm or corporation to whom shall be granted a license to sell spirituous, vinous or malt liquors by the board of aldermen of Washington, or for any agent, servant or employee of such person, firm or corporation to sell, give away or in any manner part with directly or indirectly any liquor or drinks in his or their saloon, sales room or place of business between the hours of eight o'clock in the evening and six o'clock in the morning, or permit or allow the doors of his or their saloon, sales room or place of business to be opened or remain open between said hours; and every person violating this ordinance shall upon conviction thereof be fined fifty dollars. Each and every day upon which a violation of this section shall be committed or continued shall constitute a separate offense.

"(4) That in every saloon or room where the business of selling spirituous, vinous or malt liquors shall be carried on under a license from the board of aldermen of Washington, the person, firm or corporation, holding such license shall keep burning throughout the period of darkness, each and every night, a gas or electric light of such brightness that objects in the rear of said room may be plainly seen; and no such room shall be entered, opened, kept open or occupied by any person whomsoever between the hours of closing on Saturday night at eight o'clock and the hours for opening on the next Monday morning at six o'clock. Any person, firm or corporation, or his or their servant, agent or employee who shall violate this ordinance, shall upon conviction thereof be fined fifty dollars.

"(5) That it shall be unlawful for any person, firm or corporation carrying on the business of selling spirituous, vinous or malt liquors in Washington, or for any agent, servant or employee of such person, firm or corporation to have, use, permit or allow in his or their saloons sales room or place of business, or in any room connected therewith, any billiard table or pool table, tenpin alleys, gaming tables or any games or gaming devices whatsoever, whether the same be played or used or played for amusement and exercise or for anything of value, and shall also be unlawful to have, use, permit or allow in his or their saloon, sales room or place of business or in any room connected therewith, any restaurant, eating house, room or table or any means or contrivance whatever for providing, supplying or furnishing food, whether the same is to be provided, supplied or furnished for giving away or for selling to customers, and it shall be unlawful to permit or allow in his or their saloon, sales room or place of business, obscene pictures, the printing to be exposed to view on the walls thereof or elsewhere in the room.

Any person, firm or corporation, his or their agents, servants or employees who shall violate this section shall upon conviction be fined fifty dollars.

"(6) No saloon shall be conducted, or shall any spirituous, vinous or malt liquors be sold or disposed of in any building in which there is a restaurant, eating house, room, table, or any means or contrivance whatever for providing, supplying or furnishing food, whether the same be provided, supplied or furnished free or for pay: provided this shall not apply where the saloon or place wherein liquor is disposed of and the room or place where food is furnished or supplied shall be separated by one or more solid, upright, perpendicular walls, with no doors, nor openings of any kind therein. Any person, firm or corporation, his or their agents, servants or employees who shall violate this section,...