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Administrative Law Keyed to Schwartz
Brookpark Entertainment, Inc. v. Taft
Citation:
951 F.2d 710 (1991)Facts
Brookpark Entertainment operated the Crazy Horse Saloon in Cleveland, Ohio, selling alcoholic beverages under permits issued by the Ohio Department of Liquor Control. In November 1989, the Department found that Brookpark had violated Ohio liquor control laws by selling liquor during a suspension period, though the Department imposed no penalty for this violation. Under Ohio law, voters in the same precinct could revoke a specific establishment’s liquor license by referendum within one year of any liquor law violation finding. In summer 1990, a Cleveland city councilmember and other citizens circulated petitions to put Brookpark’s license on the ballot. The referendum was scheduled for November 6, 1990. Brookpark filed suit challenging the constitutionality of the Ohio statute, but the district court dismissed the case, ruling that the referendum was untimely under Ohio law. The Ohio Supreme Court later determined the referendum was in fact timely.
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