Permit

Activities or uses of property that are "malum in se" can be entirely prohibited or may require a "permit" as a privilege (or "license" - in that sense,) with accompanying conditions of use and government supervision.

Mugler v. Kansas, 123 U.S. 623 (1887,) contin.:

..."The right to manufacture and sell intoxicating liquors has always been held, by the common law of England, by the courts and legislatures of the states, by this court, and by the congress of the United States, as a peculiarly temporary, defeasible, and transient right, as particularly subject to the police power. The right of plaintiff in error to use his property at the time he acquired it for the purpose for which it was erected was, under the statutes of Kansas, but a mere license. The right to sell was a license. Mugler v. State, 29 Kan. 252. Sale is the object of manufacture. Brown v. Maryland, 12 Wheat. 419. The right to manufacture includes the right to sell. Beer Co. v. Massachusetts, 97 U.S. 32. To take away the right to sell is to take away, de facto, the right to manufacture. As to the right to manufacture for sale outside the state, see State v. Walruff, 26 Fed. Rep. 178. A state, in the enactment of a law, contemplates the existence of no other sovereignty than itself. Bartemeyer v. Iowa, 18 Wall. 129; Wynehamer v. People, 13 N. Y. 378. It does not appear that plaintiff in error was situated so as to sell outside of the state with profit. It follows, then, that plaintiff's privileges at the time he made his investment were expressly defeasible under the laws then in force.

"It is not claimed that plaintiff has been deprived of his property objectively considered. He still has possession of it. He still has the right to sell it. Nor is it claimed that he is deprived of its use generally. The only claim is that he is deprived of the privilege to use it for the manufacture of liquors for sale as a beverage. The absolute prohibition of the sale of intoxicating liquors is not contravened by anything in the constitution of the United States. Foster v. Kansas, 112 U.S. 205, 5 Sup. Ct. Rep. 97; Beer Co. v. Massachusetts, 97 U.S. 25; Bartemeyer v. Iowa, 18 Wall. 129. Sale is the object of manufacture. Everything in this case indicates that the sole and only purpose plaintiff had in erecting his brewery was to use it in the manufacture of intoxicants for sale within the state. Plaintiff in error has only been deprived of a privilege which both by the statutes of Kansas and the common law, was always defeasible.

"The law was within the police power of the state. Prior to the adoption of the fourteenth amendment, it was conceded that the regulation of the liquor traffic was purely and exclusively a matter of state control. License Cases, 5 How. 504, 631; Com. v. Kendall, 12 Cush. 414; Com. v. Clapp, 5 Gray, 97; Com. v. Howe, 13 Gray, 26; Santo v. State, Iowa, 165; Our House v. State, 4 G. Greene, 172; Zumhoff v. State, Id. 526; State v. Donehey, 8 Iowa, 396; State v. Wheeler, 25 Conn. 290; Reynolds v. Geary, 26 Conn. 179; Oviatt v. Pond, 29 Conn. 479; People v. Hawley, 3 Mich. 330; People v. Gallagher, 4 Mich. 244; Jones v. People, 14 Ill. 196; State v. Prescott, 27 Vt. 194; Lincoln v. Smith, Id. 328; Gill v. Parker, 31 Vt. 610. But see Bebbe v. State, 6 Ind. 501; Meshmeyer v. State, 11 Ind. 484; Wynehamer v. People, 13 N. Y. 378. It is also competent to declare the traffic a nuisance, and to provide legal process for its condemnation and destruction, and to seize and condemn the building occupied. Our House v. State, 4 G. Greene, 172; Lincoln v. Smith, 27 Vt. 328; Oviatt v. Pond, 29 Conn. 479; State v. Robinson, 33 Me. 568; License Cases, 5 How. 589. But see Wynehamer v. People, 13 N. Y. 378; Welch v. Stowell, 2 Doug. (Mich.) 332. See, also, Cooley, Const. Lim. (Ed. 1868) 581, 583, 584.