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RICHTER v. DEPT. OF ALCOHOLIC BEVERAGE CONTROL

No. 77-1789.

559 F.2d 1168 (1977)

Paul A. RICHTER dba the Body Shop, Plaintiff-Appellant, v. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OF the STATE OF CALIFORNIA, et al. Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

August 29, 1977.

Attorney(s) appearing for the Case

Joshua Kaplan, argued, Don Erik Franzen, Hertzberg, Kaplan & Koslow, Los Angeles, Cal., for plaintiff-appellant.

William R. Winship, Jr., argued, San Diego, Cal., for defendants-appellees.

Before BARNES, SNEED, Circuit Judges, and WONG, District Judge.

BARNES, Senior Circuit Judge:

Appellant operates an establishment in San Diego, "The Body Shop," which serves alcoholic beverages and which offers to the public performances of nude dancing.1 The California Department of Alcoholic Beverage Control ("the Department")2 enacted Administrative Rule 143.3 which, inter alia, provides that no liquor license shall be held at any premises wherein the live entertainment...

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