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181 SOUTH INC. v. FISCHER

No. 05-1882.

454 F.3d 228 (2006)

181 SOUTH INC., a New Jersey Corporation d/b/a Moulin Rouge, Appellant, v. Jerry FISCHER, in his official capacity as Director, Division of Alcoholic Beverage Control, Department of Law and Public Safety, an Agency of the State of New Jersey; The Municipal Board of Alcoholic Beverage Control of the City of Atlantic City, New Jersey, an Agency of the City of Atlantic City, New Jersey, a Municipal body, Appellees.

United States Court of Appeals, Third Circuit.

Filed July 18, 2006.

Attorney(s) appearing for the Case

Stephen D. Holtzman, Holtzman & McClain, Northfield, NJ, Daniel A. Silver (Argued), Silver & Silver, New Britain, CT, for Appellant.

Lorinda Lasus (Argued), Office of the Attorney General of New Jersey, Division of Alcoholic Beverage Control, Trenton, NJ, for Appellee Jerry Fischer.

Before FUENTES, ROSENN and ROTH, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

The appellant, 181 South Inc. ("181 South"), operates an adult cabaret called Moulin Rouge, located in Atlantic City, New Jersey. The club holds a liquor license issued by the City of Atlantic City pursuant to various New Jersey regulations. One of the club's main attractions involves topless dance performances that include sexually explicit dance routines. Fearing that...

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