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CITY OF MIAMI BEACH v. ATHENEUM, INC.

No. 71-353.

254 So.2d 41 (1971)

CITY OF MIAMI BEACH, a Florida Municipal Corporation, Appellant, v. The ATHENEUM, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

November 2, 1971.

Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., and Lionel Barnet, Asst. City Atty., for appellant.

Joel Hirschhorn, Miami, for appellee.

Before PEARSON, CHARLES CARROLL and BARKDULL, JJ.

CARROLL, Judge.

The appellee is the owner-operator of a business designated as an Adult Book Store, at a certain location in the City of Miami Beach. In addition to its occupational license for such business, appellee applied for a license for operation therein of five (coin operated) "mini movie" machines. That request was for the (license) fiscal year which commenced October 1, 1969.

The zoning classification assigned...

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