152 N.Y.S. 18 | N.Y. App. Div. | 1915
The powers of the city of Yonkers, under its municipal charter (Laws of 1908, chap. 452, art. 3, § 1, subd. 21), to regulate amusements and common shows, include a right to license an exhibition of moving pictures. The city ordinance (§ 13), however, prohibits such a show on Sunday, and declares that every person violating this section shall “ forfeit a penalty of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) in the discretion of the magistrate convicting.” The relator has been arrested for violation of this section.
A license may be conditionally granted. It may he given subject to certain reasonable hours of opening and other limits upon its exercise. But the derivative power of a municipality
It follows that the writ should be sustained, and the relator discharged.
Jenks, P. J., Cabe and Rich, JJ., concurred; Bubb, J., concurred in result.
Writ sustained, and relator discharged.