DWAGFYS MANUFACTURING, INC., d/b/a The Vapebar Topeka, and Puffs `n' Stuff, L.L.C., Appellees,
v.
CITY OF TOPEKA, Kansas, a Municipal Corporation, Appellant.
Supreme Court of Kansas.https://leagle.com/images/logo.png
Opinion filed June 28, 2019.
Opinion filed June 28, 2019.
Attorney(s) appearing for the Case
Mary Feighny , deputy city attorney, argued the cause and was on the brief for appellant.
Robert E. Duncan II , of Topeka, argued the cause and was on the briefs for appellees.
Amanda L. Stanley , general counsel, was on the brief for amicus curiae League of Kansas Municipalities.
Miriam E.C. Bailey , of Polsinelli, PC, of Kansas City, Missouri, and Dennis A. Henigan , of Washington, D.C., were on the brief for amicus curiae Greater Kansas City Chamber of Commerce, The Campaign for Tobacco-Free Kids, and Certain Other Public Health, Medical, and Community Organizations.
W. Robert Alderson , of Alderson, Alderson, Conklin, Burghart, Crow & Slinkard, L.L.C., of Topeka, was on the brief for amicus curiae Petroleum Marketers and Convenience Store Association of Kansas.
The opinion of the court was delivered by Stegall, J.:
The City of Topeka passed Ordinance No. 20099, amending Uniform Public Offense Code § 5.7 (2015) making it unlawful for any person to: "(1) Sell, furnish or distribute cigarettes, electronic cigarettes, tobacco products or liquid nicotine to any person under 21 years of age; or (2) Buy...
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