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GARTEN ENTERPRISES, INC. v. CITY OF KANSAS CITY

No. 47,949

219 Kan. 620 (1976)

549 P.2d 864

GARTEN ENTERPRISES, INC., d/b/a DUSTY'S PLACE, Appellant, v. CITY OF KANSAS CITY, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 8, 1976.

Attorney(s) appearing for the Case

Edward M. Boyle, of Payne and Jones, Chartered, of Olathe, argued the cause and was on the brief for the appellant.

Daniel B. Denk, assistant city attorney, argued the cause, and Donald E. Martin, city attorney, was with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is an appeal from a district court order upholding as valid a city ordinance regulating the hours for consumption of alcoholic beverages in private clubs and prescribing the times during which no person may remain on the premises of these clubs.

On November 12, 1974, the city of Kansas City enacted an ordinance making it unlawful for any private club, "as defined in K.S.A. 1971 Supp. 41-2601...

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