Adult entertainment business applicant gets another chance

Last week Ohio’s Fourth District Court of Appeals affirmed a lower court’s decision to vacate a zoning board’s decision to deny a nightclub’s application for a zoning permit. Got that? Sorry. Tortured descriptions of procedure (like that) are almost unavoidable when talking about appellate decisions arising from administrative rulings. This case presents a typical fact pattern. A would-be adult nightclub applies to [...]

Catching a break this spring

Well … it’s almost spring. The Shark Lounge is a Daytona Beach “bikini bar” that, as the term suggests, offers patrons the opportunity to buy alcoholic beverages while watching female performers dance in bikinis. (The patrons don’t wear the bikinis, you understand.) Bikini bars typically operate where full-fledged adult entertainment or strip clubs cannot.  This might be because the site is [...]

Rack the table. Or not.

A law written to capture a specific business sticks out like a sore thumb.  Yesterday the Eleventh Circuit Court of Appeals issued an opinion beginning, “In this case, we consider whether a business may sue a municipality under 42 U.S.C. § 1983 to recover damages it sustained by cautiously complying with an ordinance that the business claims [...]

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 [...]

A couple of recent adult entertainment decisions

This one from the Tenth Circuit Court of Appeals. The plaintiff, Doctor John’s, is an adult novelty store suing the City of Roy, Utah. This sums it up: “Although we conclude that the district court did not abuse its discretion in striking the articles, even if the articles were considered as evidence under the Alameda Books [...]

Scores doesn’t score a federal injunction

Yesterday Judge Richard J. Sullivan of the Southern District of New York (USDC) issued an order dismissing a complaint brought by Scores East.   So what is Scores complaining about? It says the New York State Liquor Authority (“SLA”) is trying to yank its liquor license in a way that violates the First Amendment. Specifically, the complaint alleges the [...]

Crisis averted for famous liquor license(s)

The Bellini cocktail will remain a menu item at Cipriani, where the drink achieved signature status. (You’ll still need $20.95 to buy one, though.) The New York Times reports that the “State Liquor Authority voted 2 to 1 on Wednesday to accept the family’s $500,000 settlement offer, rather than revoke its liquor licenses for more [...]

Can you hear me now?

This opinion from the Eleventh Circuit Court of Appeals concerns an open-atrium nightclub in Miami which, apparently, likes to play music. But the club’s neighbors (or some of them) don’t like to listen. The plaintiffs argued that the City’s noise ordinance was facially unconstitutional. The court disagreed. If you’re listening, it’s “Plaintiffs 0, Miami-Dade County [...]