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CITY OF DELAVAN v. THOMAS

No. 74-363.

31 Ill. App.3d 630 (1975)

334 N.E.2d 190

THE CITY OF DELAVAN, Plaintiff-Appellee, v. CHARLES THOMAS, Defendant-Appellant.

Appellate Court of Illinois — Third District.

August 30, 1975.

Attorney(s) appearing for the Case

Patrick A. Tuite, of Chicago, for appellant.

John Ritchie, of Pekin, for appellee.

Judgment reversed.

Mr. JUSTICE STENGEL delivered the opinion of the court:

Defendant Thomas was convicted of operating a motion picture theatre without a license in violation of a municipal ordinance after his license had been revoked for permitting an obscene motion picture to be shown. On appeal from his conviction, defendant contends that the licensing ordinance was unconstitutional.

Delavan ordinance No. 73-6, section 4, provides:

"It...

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