Ebony Club, Inc. v. State ex rel. Simpson
| Decision Date | 11 September 1975 |
| Citation | 294 Ala. 421,318 So.2d 282 |
| Parties | The EBONY CLUB, INC., et al. v. STATE of Alabama ex rel. Fred B. SIMPSON, District Attorney, Twenty-Third Judicial Circuit of Alabama. SC 1290. |
| Court | Alabama Supreme Court |
Watson, Moore & Mason, Huntsville, for appellants.
Fred B. Simpson, Dist. Atty., Twenty-Third Judicial Circuit, Huntsville, for appellee.
The facts were stipulated and are basically as follows:
The Ebony Club is a nonprofit corporation with its principal place of business in Triana, Alabama. It exists as a private club for the sale of alcoholic beverages, including liquor, wine, and beer. The City of Triana approved a liquor application and the ABC Board issued a liquor license to the club.
The City of Triana is located in Madison County and has a population of less than 135,000.
In December, 1974, the state brought a quo warranto proceeding in the Circuit Court of Madison County asking that court to enjoin The Ebony Club from operating a drinking establishment in the City of Triana.
The trial court found that the City of Triana had no authority to issue a license to The Ebony Club for the sale on premises of alcoholic beverages; that the ABC Board had no authority under the laws of the State of Alabama to issue a license for the sale of such beverages; and permanently enjoined the club from operating a drinking establishment in Triana.
The appeal is from this judgment. It is affirmed.
The 1971 legislature passed the following act, which relates to Madison County:
'An Act
'Relating to counties having populations of not less than 175,000 nor more than 300,000; further regulating the sale of alcoholic beverages in such counties and certain municipalities therein.
'Be It Enacted by the Legislature of Alabama:
'Section 1. This Act shall apply in counties having populations of not less than 175,000 nor more than 300,000 according to the last or any subsequent federal decennial census.
'Section 2. It is unlawful for any person, firm, corporation, or association to sell or offer to sell any spirituous or vinous liquor in any county subject to the provisions of this act except at Alabama Alcoholic Beverage Control Board liquor stores, or to sell or to offer to sell within any such county any malt or brewed beverages except within the police jurisdiction of an incorporated municipality thereof; provided, however, that in any county subject to the provisions of this act, any wholesaler, distributor or jobber, or retailer licensed to sell malt or brewed beverages shall also be authorized to sell draft beer provided said draft beer shall not be held for sale or sold in containers exceeding a maximum capacity of 288 ounces. However, the council or commission of any municipality within such counties having a population of not less than 135,000 nor more than 185,000 according to the last or any subsequent federal decennial census may license and regulate the sale of spirituous or vinous liquors and malt or brewed beverages in private clubs within the City limits of any such city, and may adopt and enforce such ordinances as may be considered necessary for such purpose. As used in this Act, the term 'club' shall have the meaning ascribed to such term in Alabama Code 1940, Title 29, Section 1(f).
'This Act became a law on October 13, 1971 under 124 (sic, 125) Section of the Constitution without approval by the Governor.'
The 1973 Legislature passed Act No. 998, also relating to Madison County, which provides:
'An Act
'Relating to Madison County and the City of Huntsville; further regulating the sale of alcoholic beverages therein.
'Be It Enacted by the Legislature of Alabama:
'Section 1. In Madison County it is unlawful for any person, firm, corporation or association to sell or offer to sell any spirituous or vinous liquor except at Alabama Alcoholic Beverage Control Board liquor stores, or to sell or to offer to sell within said county any malt or brewed beverages except within the police jurisdiction of an incorporated municipality thereof; provided however, any wholesaler, distributor, jobber or retailer licensed to sell malt or brewed beverages shall also be authorized to sell draft beer provided said draft beer shall not be held for sale or sold in containers exceeding a maximum capacity of 288 ounces. However, the council or commission of the City of Huntsville may license and regulate the sale of spirituous or vinous liquors and malt or brewed beverages in private clubs within the city limits, and may adopt and enforce such ordinances as may be considered necessary for such purposes. As used in this Act, the term 'club' shall have the meaning ascribed to such term in Alabama Code 1940, Title 29, Section 1(f).
'This Act became a law under Section 125 of the Constitution on September 6, 1973 without approval by the Governor.'
Appellant contends that these acts violate Art. 1, § 22 (); Art. 4, § 103 (prohibiting monopolies); Art. 4, § 104 (); and Art. 4, § 105 (); Constitution of Alabama 1901.
The 1971 Act, based upon a population classification, was a general act. We perceive no need to consider the objections made by appellant as to the validity of this act, since the City of Triana is also prohibited from authorizing or approving a liquor license under the 1973 Act, which is a local act. It is...
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...the sale of liquor is nearly absolute. The legislature may regulate it as it sees fit or prohibit it entirely. Ebony Club, Inc. v. Simpson, 294 Ala. 421, 318 So.2d 282 (1975). Bynum and Gipson argued that the rational-basis test should be applied to the equal-protection violation. The trial......
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