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LIEBES v. DEPT. OF PUBLIC HEALTH

No. COA10-979.

713 S.E.2d 546 (2011)

In re Appeal of Civil Penalty Don LIEBES, Gate City Billiards Country Club, Appellant, v. GUILFORD COUNTY DEPARTMENT OF PUBLIC HEALTH, Appellee.

Court of Appeals of North Carolina.

July 19, 2011.

Attorney(s) appearing for the Case

Smith, James, Rowlett & Cohen, LLP, Greensboro, by Seth R. Cohen and J. David James , for Appellant.

Guilford County Attorney J. Mark Payne , for Appellee.

BEASLEY, Judge.

Don Liebes, Gate City Billiards Country Club (Gate City) appeals a trial court order upholding two civil penalties for allowing smoking in its establishment and contends N.C. Gen.Stat. § 130A-496 (Smoking Ban or Act) unconstitutionally limits its definition of "private club" to nonprofit corporations. Specifically, Gate City argues that the statutory scheme exempting nonprofit private clubs but including for-profit private clubs within the ambit...

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