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TOMPOS v. CITY OF FAYETTEVILLE

No. 83-105.

658 S.W.2d 404 (1983)

280 Ark. 435

Fabian L. TOMPOS et al., Appellants, v. CITY OF FAYETTEVILLE, Arkansas, et al., Appellees.

Supreme Court of Arkansas.

October 17, 1983.

Attorney(s) appearing for the Case

Murphy & Carlisle by Marshall N. Carlisle, Fayetteville, for appellants.

James N. McCord, City Atty., Fayetteville, for appellees.

DUDLEY, Justice.

The Board of Directors of the City of Fayetteville enacted an ordinance prohibiting private clubs from serving or allowing consumption of mixed drinks between 2:00 a.m. and 10:00 a.m. The ordinance provides for a fine of up to $500.00 and multiple violations can result in suspension of the club's license issued by the city. Appellants filed a petition for declaratory judgment asking that the ordinance be declared invalid. On cross-motions for summary...

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