Barth v. De Coursey

The County ordinance does not prohibit the sale of beer, hut is a term or condition under which licenses will issue, in the exercise of the Commissioners’ discretion expressly granted by the statute, considered by them to be thus limited for the best interests of the County. State v. Gregory, 191 Wash. 70, 70 P.2d 788.

“The designation of localities where the sale of intoxicating liquor is inhibited is not prohibition, but a mere regulation of sale.” Garonzik v. State, 50 Tex.Cr.R. 533, 100 S.W. 374, syl. 1.

Cited with approval in Terretto v. State, 86 Tex.Cr.R. 188, 215 S.W. 329 at 330; Ex…