Cocktail Fortune, Inc. v. Supervisor of Liquor Control

STEPHEN N. LIMBAUGH, Jr., Judge.

Appellant, Missouri’s Supervisor of Liquor Control (“Supervisor”), appeals a judgment of the circuit court reversing a decision of the Administrative Hearing Commission (“AHC”) that the liquor license of Cocktail Fortune, Inc. (“Cocktail”) was “subject to discipline” because Cocktail had permitted “lewd conduct” on its premises. The circuit court concluded that the term “oral copulation” as used in 11 CSR 70-2.130, the liquor license regulation banning lewd conduct, was unconstitutionally vague, thus making that part of the regulation unenforceable. After a…