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CABARET ENTERPRISE v. ALCOHOLIC BEVERAGES CONTROL COMM.

393 Mass. 13 (1984)

468 N.E.2d 612

CABARET ENTERPRISES, INC. vs. ALCOHOLIC BEVERAGES CONTROL COMMISSION & another (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

September 11, 1984.

Attorney(s) appearing for the Case

John P. Graceffa, Assistant Attorney General, for the defendants.

H. Glenn Alberich for the plaintiffs.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

O'CONNOR, J.

These cases present the question whether art. 16 of the Declaration of Rights of the Massachusetts Constitution prohibits a city licensing board from revoking an establishment's all-alcoholic beverages license because of a violation of G.L.c. 138, § 12B. That statute, when accepted by a municipality, prohibits nudity on premises licensed under G.L.c. 138, § 12, and provides for enforcement by the Alcoholic Beverages Control Commission (commission...

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