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TALK OF THE TOWN v. DEPT FIN. & BUS. LAS VEGAS

Nos. 01-15303, 01-16390.

343 F.3d 1063 (2003)

TALK OF THE TOWN; Video Treasures, Inc.; Video Treasures, Ltd.; Raymond Pistol, President, Secretary and Treasurer, Plaintiffs-Appellants, v. DEPARTMENT OF FINANCE AND BUSINESS SERVICES, on behalf of CITY OF LAS VEGAS, Defendant-Appellee. Talk of the Town; Video Treasures, Inc.; Video Treasures, Ltd.; Raymond Pistol, President, Secretary and Treasurer, Plaintiffs-Appellees, v. Department of Finance and Business Services, on behalf of City of Las Vegas, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2003.

Amended December 22, 2003.

Attorney(s) appearing for the Case

Allen Lichtenstein, Las Vegas, Nevada, argued the cause for Talk of the Town and submitted briefs.

Peter M. Angulo, Rawlings, Olson, Cannon, Gormley & Desruisseaux, Las Vegas, Nevada, argued the cause for the City of Las Vegas and filed briefs. Thomas D. Dillard, Jr., also was on the briefs.

Before WILLIAM C. CANBY, JR., DIARMUID F. O'SCANNLAIN, and WILLIAM A. FLETCHER, Circuit Judges.

Argued and Submitted February 11, 2003 — San Francisco, California.

Opinion by Judge O'SCANNLAIN; Dissent by Judge CANBY.

OPINION

O'SCANNLAIN, Circuit Judge.

We must decide whether the First Amendment is implicated by the suspension of an establishment's erotic dancing license for violations of a city's alcohol licensing laws.

I

In January and early February 1998, officers of the City of Las Vegas' Business License...

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