Willis v. State Ex Rel. Flynt Oil Company, Inc.

FAULKNER, Justice.

Flynt Oil Company (Flynt) does business as “Posey’s Kwik Stop” in Morris, Alabama. Under one roof, with separate entrances, are a gasoline service station, coin-operated washing machine, and cafe facilities. On June 6, 1972, Flynt was issued a retail beer license by the State of Alabama, authorizing sale for off-premise consumption.

As of the relevant dates herein, there was in effect an ordinance of the Town of Morris prohibiting sale of alcoholic beverages, on penalty of $100 fine, jail, or “hard labor not to exceed six (6) months.” Consistent with this ordinance, and…