USA Oil Corporation v. City of Lipscomb

I respectfully dissent. This appeal presents squarely for the first time the precise issue of local versus state control of the licensing of off-premise beer sales. The effect of the City’s action in refusing USA Oil’s request for municipal privilege license was tantamount to voiding USA Oil’s state-issued Alcoholic Beverage Control license. In denying USA Oil’s petition for writ of mandamus, the trial Court explicitly upheld the validity of the city ordinance. I would hold that, under The Alabama Alcoholic Beverage Control Act, a municipality has no power to withhold the issuing of a…