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CAREY v. IOWA LIQUOR CONTROL COMMISSION

No. 51508.

132 N.W.2d 429 (1965)

Fred P. CAREY and Dorothy S. Carey, Appellees, v. IOWA LIQUOR CONTROL COMMISSION, Larry High, Enforcement Officer of The Iowa Liquor Control Commission, and Ralph Neuzil, County Attorney of Johnson County, Iowa, Appellants.

Supreme Court of Iowa.

January 12, 1965.

Attorney(s) appearing for the Case

Evan Hultman, Atty. Gen. of Iowa, William J. Yost, Asst. Atty. Gen. of Iowa, and Edward L. O'Connor, Johnson County Asst. Atty., for appellants.

William L. Meardon, Iowa City, for appellees.

STUART, Justice.

Plaintiffs brought this action in equity for a declaratory judgment, asking the court to hold that the operation of their business establishment comes within the exceptions to the licensing requirements of the Iowa Liquor Control Act as amended by section 30 of Senate File 437, passed in 1963 by the 60th General Assembly, I.C.A. § 123.96, which provides:

"It is unlawful for any person, firm, corporation, partnership, or association to...

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