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CITY OF MIAMI SPRINGS v. J.J.T., INC.

No. 82-119.

437 So.2d 200 (1983)

CITY OF MIAMI SPRINGS, Appellant, v. J.J.T., INC., a Florida Corporation, d/b/a Doc Watson's Club, Appellee.

District Court of Appeal of Florida, Third District.

September 13, 1983.

Attorney(s) appearing for the Case

Weintraub, Weintraub, Seiden, Dudley & Press and Robert D. Orshan and Albert L. Weintraub, Miami, for appellant.

Simon, Schindler & Hurst and Sharon B. Jacobs and Deborah J. Miller, Miami, for appellee.

Before SCHWARTZ, C.J., and HENDRY and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

The issues presented by this appeal are first, whether a Florida municipality may constitutionally prohibit a liquor licensee from serving liquor at the same time that sexual performances or like activities are occurring on its premises; and second, if there be no constitutional impediment to such an enactment, whether the state statute regulating the licensing and sale of alcoholic beverages limits the power of the municipality to act.<...

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