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ARIZONA ST. LIQUOR BD. OF DEPT. OF L. LIC. v. ALI

No. 2 CA-CIV 2067.

27 Ariz. App. 16 (1976)

550 P.2d 663

ARIZONA STATE LIQUOR BOARD OF the DEPARTMENT OF LIQUOR LICENSES AND CONTROL, Appellant, v. Cosmo Luigi ALI, d/b/a DaVinci Restaurant, for a Series #7 Original License, Application #566, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 16, 1976.

Review Granted September 28, 1976.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by Charles E. Buri, Asst. Atty. Gen., Tucson, for appellant.

Dominic Piccirilli, Tucson, for appellee.

OPINION

HOWARD, Chief Judge.

The main question which surfaces in this appeal is whether the statutory exclusion of aliens from obtaining a spirituous liquor license constitutes a denial of equal protection of the law.

Appellee is a 38 year-old permanent resident alien who has been a resident of the United States and Arizona since November 17, 1970. He is married, has no criminal record, is the owner of DaVinci Restaurant on Fort Lowell Road in Tucson...

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