City of Graysville v. Swann

In Harrison v. Buckhalt, 364 So.2d 283 (Ala. 1978), a "grandfather clause" was held to be unconstitutional because ". . . [t]he purpose, among others of the ordinance . . . to prohibit the retail sale of alcoholic beverages within 600 feet of a church . . . [was] frustrated by the grandfather clause that would never provide for termination of the sale of those prohibited beverages within the stated distance." Today, the Court invalidates a "grandfather clause," which, as a matter of law, has a termination date, i.e., the death of the licensee, or thenon-renewal of the license by the city…