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VIRGINIA ALCOHOLIC BEV., ETC. v. YORK ST. INN

Record No. 771719.

257 S.E.2d 851 (1979)

VIRGINIA ALCOHOLIC BEVERAGE CONTROL COMMISSION v. YORK STREET INN, INC.

Supreme Court of Virginia.

August 30, 1979.

Attorney(s) appearing for the Case

James E. Ryan, Jr., Deputy Atty. Gen. (Marshall Coleman, Atty. Gen., William P. Bagwell, Jr., Asst. Atty. Gen., on brief), for appellant.

Guy R. Friddell, III, Norfolk (Thomas H. Willcox, Jr., Willcox, Savage, Lawrence, Dickson & Spindle, P.C., Norfolk, on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

POFF, Justice.

This is an appeal from a declaratory judgment reversing a decision of the Alcoholic Beverage Control Commission (Commission).

York Street Inn, Inc. (licensee), operates a full-service restaurant in Williamsburg and holds a license to serve alcoholic beverages. The restaurant was renovated in early 1976, and the game of backgammon was employed as part of the new motif. Pursuing this decorative scheme, licensee installed a 22-foot counter surfaced...

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