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BOLSER v. LIQUOR CONTROL BOARD

No. 44757.

90 Wn.2d 223 (1978)

580 P.2d 629

CHARLOTTE BOLSER, ET AL, Appellants, v. WASHINGTON STATE LIQUOR CONTROL BOARD, Respondent.

The Supreme Court of Washington, En Banc.

June 22, 1978.

Attorney(s) appearing for the Case

Landon R. Estep and Lundin, Estep, Sindell & Haley, Inc., P.S., for appellants.

Slade Gorton, Attorney General, and John G. Hennen, Assistant, for respondent.

DOLLIVER, J.

Plaintiffs are dancers who perform in establishments licensed by defendant Washington State Liquor Control Board. In 1975, the Board adopted WAC 314-16-125 which forbids a licensee (tavern owner) from permitting topless table dancing at floor level and within 6 feet or less of a customer. The regulation applies only to the licensee and does not expressly control the conduct of the dancers. WAC 314-16-125(6) provides:

Subject to paragraph (5)...

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