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CITY OF BOWLING GREEN v. GASOLINE MARKETERS

539 S.W.2d 281 (1976)

CITY OF BOWLING GREEN, Kentucky, et al., Appellants, v. GASOLINE MARKETERS, INC., etc., et al., Appellees.

Supreme Court of Kentucky.

Rehearing Denied July 30, 1976.

Attorney(s) appearing for the Case

Whayne C. Priest, Jr., English, Lucas, Priest & Owsley, Bowling Green, for appellants.

John David Cole, Cole, Harned & Broderick, Bowling Green, for appellees Gasoline Marketers, Inc. etc. and Pilot Oil Corp.

John D. Darnell, Frankfort, for appellee Kentucky Alcoholic Beverage Control Bd.

STERNBERG, Justice.

The City of Bowling Green, Kentucky, in its efforts to control trafficking in beer, enacted Ordinance No. 73-56, which prohibits the issuance or renewal of a beer license,

"* * * for any premises used as, in whole or in part, or in connection with the operation of any business or enterprise which has had more than 50% of its gross receipts for either the immediate past month or immediate past twelve months from the sale of gasoline and...

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