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Constitutional Law Keyed to Choper
Larkin v. Grendel’s Den, Inc
Citation:
459 U.S. 116 (1982)Facts
Grendel’s Den operated a restaurant in Harvard Square, Cambridge, Massachusetts, with the Holy Cross Armenian Catholic Parish located adjacent to it (their buildings were 10 feet apart). In 1977, Grendel’s Den applied for an alcoholic beverages license. Massachusetts General Laws Chapter 138, Section 16C provided that premises within 500 feet of a church or school could not be licensed for alcohol sales if the governing body of the church or school filed a written objection. Holy Cross Church objected to the application, expressing concern about “having so many licenses so near.” The License Commission denied the application based solely on the church’s objection. The Massachusetts Alcoholic Beverages Control Commission upheld this decision. At the time, there were already 26 liquor licensees within a 500-foot radius of Holy Cross Church, 25 of which existed when the church objected to Grendel’s Den’s application.
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