In Re Aki

On the sixth day of March, 1916, the petitioner was convicted in the police court of the city of Sacramento of illegally selling intoxicating liquors. The gravamen of the offense consists in having sold liquors without first having obtained a license therefor, and consisted, so far as the record shows, of a single sale.

It is contended on the part of the petitioner that the ordinance under which the petitioner was convicted is a revenue measure, and therefore the city has no power to impose a license upon a single sale. The title of the ordinance involved is as follows: “An ordinance regulating the sale of wines, spirituous and malt liquors; prescribing a license therefor, regulating the management and conduct of places where such liquors are sold, furnished or given away, and fixing a penalty for the violation of this ordinance.”

Section 1 provides: “It shall he unlawful for any person to keep a saloon, bar, barroom, tippling-house, dram-shop, store or other place where any wine, ale or beer, or any spirituous, vinous, malt or mixed liquors, or any intoxicating drinks, are manufactured, sold or given away, or to manufacture, sell, dispense or give away any such wine, ale or…