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MINT v. UTAH LIQUOR CONTROL COMMISSION

No. 15541.

586 P.2d 428 (1978)

The MINT, a Non-Profit Corporation, Plaintiff, v. UTAH LIQUOR CONTROL COMMISSION, Defendant.

Supreme Court of Utah.

October 16, 1978.

Attorney(s) appearing for the Case

Frank N. Nakamura, Mooney, Jorgensen & Nakamura, Salt Lake City, for plaintiff.

Robert B. Hansen, Atty. Gen., Frank V. Nelson, Asst. Atty. Gen., Salt Lake City, for defendant.

ELLETT, Chief Justice:

This is a review of the Liquor Commission's denial of an application for a license to dispense liquor, which denial, after a full hearing, was made because of the proscriptions of Title 32-1-36.15(2), Utah Code Annotated 1953, as amended (1977 Pocket Supplement), as follows:

(2) No state store or package agency shall be established within a radius of 600 feet of any public or private school, church, library, public playground, or park...

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