DocketNumber: No. 40549.
Citation Numbers: 216 S.W.2d 450, 358 Mo. 699
Judges: <bold>[452]</bold> ELLISON, J.
Filed Date: 1/7/1949
Status: Precedential
Modified Date: 1/12/2023
I concur in the opinion of Ellison, J., herein. I believe that this case can properly [464] be decided on the first sentence of § 554, of the ordinance regulating taxicabs, and in fact, only the part of that sentence which prohibits a taxi operator from possessing or transporting intoxicating liquor in his taxicab while on duty. That is the reasonable construction of this sentence (considered as a whole) in my opinion; and I think this sentence is severable from the rest of the section.
I think it is reasonable to construe the purpose of at least the first sentence of this ordinance as public safety. It seeks to accomplish this purpose by requiring the business of operating taxicabs to be kept separate from the liquor traffic. In this I think it is entirely consistent with the State Liquor Control Act which does separate the liquor business from all other businesses except those therein authorized. [See §§ 4880, 4899, and 4901.] I think at least that part of the ordinance is reasonable for such purpose; but I express no opinion about the other provisions of § 554, because I think they are severable and need not be considered in ruling on the validity of the provisions of the first sentences.
[18] It is stated in both opinions that there is a reasonable basis for classification of taxicabs separately from other motor vehicles, as we held in Jones v. Walker,
Kansas City v. Stricklin , 428 S.W.2d 721 ( 1968 )
Hagerman v. City of St. Louis , 365 Mo. 403 ( 1955 )
Kansas City v. LaRose , 524 S.W.2d 112 ( 1975 )
Marshall v. Kansas City , 355 S.W.2d 877 ( 1962 )
State Ex Rel. Sullivan v. Cross , 314 S.W.2d 889 ( 1958 )
Pearson v. City of Washington , 439 S.W.2d 756 ( 1969 )
City of St. Louis v. Goldman , 467 S.W.2d 99 ( 1971 )
State v. England , 328 S.W.2d 732 ( 1959 )
Burgess v. Kansas City , 242 S.W.2d 591 ( 1951 )
State Ex Rel. Kopper Kettle Restaurants, Inc. v. City of St.... , 424 S.W.2d 73 ( 1968 )
City of Rolla v. Riden , 349 S.W.2d 255 ( 1961 )
Wilson v. City of Waynesville , 615 S.W.2d 640 ( 1981 )
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