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STATE EX REL. GRAND BAZAAR v. MILWAUKEE

No. 79-1712.

102 Wis.2d 208 (1981)

306 N.W.2d 255

STATE EX REL. GRAND BAZAAR LIQUORS, INC., a Wisconsin corporation, Plaintiff-Petitioner-Respondent and Cross-Appellant, v. CITY OF MILWAUKEE, a municipal corporation, Defendant-Respondent-Appellant and Cross-Respondent.

Court of Appeals of Wisconsin.

Decided April 7, 1981.

Attorney(s) appearing for the Case

For the defendant-respondent-appellant and cross-respondent the cause was submitted on the briefs of James B. Brennan, city attorney, and William J. Lukacevich, principal assistant city attorney.

For the plaintiff-petitioner-respondent and cross-appellant the cause was submitted on the brief of Peregrine, Marcuvitz, Cameron & Peltin, S.C., and Alan Marcuvitz and Michael J. Jassak, of Milwaukee.

Before Decker, C.J., Moser, P.J., and Cannon, J.

DECKER, C.J.

This case centers on the constitutionality of sections 90-25.1 (2) and (3) of the Milwaukee City Code of Ordinances. The pertinent portions of section 90-25.1 are:

90-25.1. SALE OF COMMODITIES OTHER THAN INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGES BY CLASS "A" LICENSEES.

(1) DEFINITIONS.

"Premises" shall mean a premises for which a Class "A" intoxicating liquor license has been granted.

. . . .

(2) SALE OF...

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