State Ex Rel. Kay v. City of Miami

BUFORD, J.:

Appeal is from order and judgment granting motion to quash and dismissing alternative writ of mandamus.

The appellant sought to have a license authorizing him to engage in the business of a liquor dealer, selling at retail in package only and not to be consumed on the premises, at No. 16 Northwest 17th Avenue in Miami, Florida, so transferred as to permit him to conduct such business at a new location, viz: No. 1667-69 West Flagler Street.

It is alleged that the City refused to issue the permit for transfer upon the ground that Ordinance No. 2896 of the City of Miami did prohibit the…