dissenting:
The majority opinion holds that the defendant villages have the implied power to enact the licensing ordinances in question because they are reasonably necessary to make effective regulations contained in other ordinances dealing with the construction of buildings and sidewalks and the use of streets.
Disregarding the license fee for the moment, there is nothing in either ordinance that tends in any way to effectuate the other ordinances, nor does either state that failure to comply with ordinances regulating the construction of buildings and sidewalks and the use of streets shall be the basis for the revocation of the license. The regulatory ordinances can be and are being enforced in the same manner that any other ordinance is enforced, and the issuance of a license without any terms for issuance and with extremely general terms for revocation can be of no aid.
The majority opinion does not explain in what manner the licensing ordinances will effectuate other regulatory ordinances. The opinion states that the concrete contractors construct footings, foundations and flat work, that they may cause damage to the streets, and that they place building material and debris on streets, lawn spaces and sidewalks. This certainly does not show any necessity for licensing concrete contractors to effectuate the ordinances which regulate the construction of buildings and sidewalks and the use of streets.
Since it has not been shown that the licensing ordinances are reasonably necessary “to effectuate the regulations prescribed by other valid ordinances dealing with the same subject matter,” the power to enact them cannot be implied. Potson v. City of Chicago, 304 Ill. 222.
The majority holds that the license fee placed on the concrete contractors is valid since the sidewalk and building ordinances are regulatory and “the power to exact a license fee to defray all or a part of the cost of the regulation or inspection is implied in the power to regulate. [Citations.]” In all the cases cited by the majority, however, the license fee is placed on subject matter which the municipality has the express or implied power to regulate. By permitting the exaction of a license fee from the concrete contractors the majority is allowing the defendant villages to regulate that occupation when there is no express or implied power to do so.
If cities and villages can license under such circumstances as these, then there is no practical limitation upon the power to tax through the guise of licensing, and the door is opened to the licensing of all forms of business for the purpose of obtaining revenue.
Mr. Justice KeingbiEe joins in this dissenting opinion.