State Ex Rel. Altop v. City of Billings

It is my opinion that the city ordinance in question is unconstitutional and void, because it attempts to vest in the city council unrestrained and arbitrary authority to determine to whom a license shall be issued to conduct a generally recognized lawful business. All that is required to deny an applicant a license is that the city council shall determine that the applicants are (1) “not proper persons”; or (2) “that such rooming-house or hotel may be operated in such manner as to be a menace to the public health, peace, morals, or general welfare of the city.” The first expression is wholly…