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MAXWELL'S PIC-PAC, INC. v. DEHNER

Nos. 12-6056, 12-6057, 12-6182.

739 F.3d 936 (2014)

MAXWELL'S PIC-PAC, INC; Food with Wine Coalition, Inc., Plaintiffs-Appellees/Cross-Appellants, v. Tony DEHNER, in his official capacity as Commissioner of the Kentucky Department of Alcoholic Beverage Control; Danny Reed, in his official capacity as the Distilled Spirits Administrator of the Kentucky Department of Alcoholic Beverage Control, Defendants-Appellants/Cross-Appellees, Liquoroutlet, LLC, d/b/a The Party Source, Intervenor-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 15, 2014.

Attorney(s) appearing for the Case

ARGUED: Peter F. Ervin , Public Protection Cabinet, Frankfort, Kentucky, for Appellants-Cross/Appellees Dehner & Reed. Kevin L. Chlarson , Middleton Reutlinger, Louisville, Kentucky, for Appellant/Cross-Appellee Liquor Outlet. M. Stephen Pitt , Wyatt, Tarrant & Combs, LLP, Louisville, Kentucky, for Appellees-Cross/Appellants. ON BRIEF: Peter F. Ervin , La Tasha Buckner , Public Protection Cabinet, Frankfort, Kentucky, for Appellants-Cross/Appellees Dehner & Reed. Kevin L. Chlarson , Kenneth S. Handmaker , Loren T. Prizant , Middleton Reutlinger, Louisville, Kentucky, for Appellant/Cross-Appellee Liquor Outlet. M. Stephen Pitt , Christopher W. Brooker , J. Brooken Smith , Wyatt, Tarrant & Combs, LLP, Louisville, Kentucky, for Appellees-Cross/Appellants. Anthony S. Kogut , Willingham & Coté, P.C., East Lansing, Michigan, for Amicus Curiae.

Before: COOK and STRANCH, Circuit Judges; CARR, District Judge.

OPINION

COOK, Circuit Judge.

A Kentucky statute prohibits businesses that sell substantial amounts of staple groceries or gasoline from applying for a license to sell wine and liquor. Ky.Rev. Stat. § 243.230(7). A regulation applies this provision to retailers that sell those items at a rate of at least 10% of gross monthly sales. 804 Ky. Admin. Regs. 4:270. Harmed by the statute, Maxwell's Pic-Pac (a grocer) and Food With Wine Coalition (a group of...

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