When Cowboy’s applied for a liquor license, “[o]pponents, including WyWatch Family Action members, crowded commission meetings for the initial approval in September 2008 and for the renewal in February 2009, saying the establishment[] would cause an increase in sex crimes, exploitation of women, prostitution, and the promotion of obscenity,” reports Tom Martin here for the [...]
Posts under ‘alcoholic beverages’
The Fifth Circuit Court of Appeals on wine shipping
In an opinion issued Tuesday, the court of appeals held that “the limited rights Texas has given its state-licensed retailers to make deliveries do not transgress the dormant Commerce Clause.” Adding:
We now turn briefly to the separate provisions regarding personal importing. As mentioned before, Texas has placed a limit on the quantity of alcoholic [...]
Spirits Going Micro
“First wine, then beer. Now even spirits get micro,” as reported in this article from The Mainichi Daily News.
According to the article, Bill Owens of the American Distilling Institute
estimates the number of small distilleries at just over 200, and growing by about 20 to 30 a year. They have sprouted up in more than three dozen states in [...]
There’s a cap for that
“Massachusetts officials appeal from an injunction against a 2006 Massachusetts statute establishing differential methods by which wineries distribute wines in Massachusetts, Mass. Gen. Laws ch. 138, § 19F. The district court enjoined enforcement of § 19F on the ground that the law discriminates against interstate commerce in violation of the Commerce Clause of the United [...]
Bar 1, City 0
Pro’s Sports Bar & Grill is not happy with the City of Country Club Hills.
When Pro’s applied to the City for a liquor license, the City claims, it was given a license that allows it to operate, but only with more restricted hours than is typical. (The City says it conditioned a license on Pro’s closing at 12:30 a.m., almost 3 hours earlier than [...]
Justice Delayed is Property Deprived
This tale sounds familiar.
It’s about the Singhs, who operate a retail martket in south Stockton, California. The Singh’s “market has been selling alcohol for about 60 years as a legal nonconforming use. Located in a high crime area, its parking lot has been a center of criminal activity, from loitering, public drunkenness, gambling and narcotics activity to assaults, robberies [...]
A 1-2 punch
Tandem opinions from the Sixth Circuit Court of Appeals were released yesterday.
In the first case, Entertainment Productions, Inc. and others sued Shelby County, challenging the constitutionality of the Tennessee Adult-Oriented Establishment Registration Act on First Amendment grounds. EP argued four points: First, the definitions of “adult cabaret,” “adult-oriented establishment,” and “adult entertainment” render the Act unconstitutionally overbroad; and [...]
I ain’t no senator’s son
“A Maryland law that sought to block strip clubs in Prince George’s County from selling alcohol carved out an unconstitutional exception for a club that was owned by a former state senator, a federal judge held this week,” reports The Washington Post here.
Read the decision.
LaBella’s Loss
Judge Virginia M. Kendall issued this opinion (from the U.S. District Court for the Northern District of Illinois) last week. It concerns a restaurant (LaBella) that claimed it was the victim of selective enforcement and due process violations by the Village of Winnetka. LaBella sued under 42 U.S.C. Sec. 1983, alleging violations of the Equal Protection [...]
Utah’s alcohol laws
In his article “Bars are about more than drinking,” Daniel Levin ponders Utah’s current private club laws. Which, he notes, “are most often derided because they are so inconvenient and so irrational as to be maddening. But,” he believes, ”they are most offensive for their chilling effect on Americans’ constitutional right of free association.” Mr. Levin makes a [...]
