(Download) "Village of Itasca v. Luehring" by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: Village of Itasca v. Luehring
- Author : Supreme Court of Illinois
- Release Date : January 20, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The village of Itasca filed a complaint in the county court of Du Page County against Wesley Luehring, seeking penalties for
defendant's failure to procure a broker's license as required by a village ordinance. Defendant answered, admitting that he
was a real-estate broker, resided in the village, and had his principal place of business therein, but alleging that the ordinance
is unconstitutional and void. The court found that the ordinance, in so far as it applies to brokers, is uncertain, incomplete
and constitutes an unwarranted delegation of legislative power to the enforcing officer. The complaint was accordingly dismissed
and judgment rendered for defendant. Plaintiff appeals directly to this court, on the ground that a constitutional question
is involved. Section 500 of the municipal code of Itasca of 1952 is entitled "License Required," and provides as follows: "It shall be
unlawful to conduct or operate any of the businesses named in the following section without having first obtained a license
therefor or without paying the annual license fee provided herein. Applications for such licenses shall be made in compliance
with the general provisions of the ordinances pertaining to such licenses." Section 501, entitled "Fees Required," contains
a list of businesses for which a fee is required, and designates the annual fee for each. Appearing in the list is the designation
"Brokers," for which a fee of $15 is prescribed. Section 503 imposes a fine of not less than one dollar nor more than one
hundred dollars for each offense, and declares that a separate offense shall be deemed committed on each day during which
a violation occurs or continues. Section 180 provides as follows: "Person subject to license. — Whenever in this code a license
is required for the maintenance, operation or conduct of any business or establishment, or for doing business or engaging
in any activity or occupation, any person, firm or corporation shall be subject to the requirement if by himself or through
an agent, employees or partner, he holds himself forth as being engaged in the business or occupation; or solicits patronage
therefor, actively or passively; or performs or attempts to perform any part of such business or occupation in the village."