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TAKE FIVE VENDING, LTD. v. PROVINCETOWN

415 Mass. 741 (1993)

615 N.E.2d 576

TAKE FIVE VENDING, LTD., & another vs. TOWN OF PROVINCETOWN & another.

Supreme Judicial Court of Massachusetts, Suffolk.

July 8, 1993.

Attorney(s) appearing for the Case

Douglas G. Moxham for the plaintiffs.

Richard Bowen, Town Counsel (John W. Giorgio with him) for the town of Provincetown.

Anthony E. Penski, Assistant Attorney General, for the Attorney General.

Present: LIACOS, C.J., NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

O'CONNOR, J.

This case concerns the validity of a by-law of the defendant town of Provincetown that prohibits the sale of cigarettes from vending machines. The plaintiffs, Take Five Vending, Ltd. (Take Five), and Coin Machine Industries Association of Massachusetts, Inc., seek a judgment declaring that the by-law is invalid under the Commonwealth's licensing statute for cigarette vending machines, G.L.c. 64C, § 2 (1992 ed.), and the Federal and State Constitutions...

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