Snow Land, Inc. v. City of Brookings

DOBBERPUHL, Circuit Judge.

Appellant is a licensed owner and operator of two low-point beer establishments in the city of Brookings.1 In 1970, Respondent-City enacted an ordinance prohibiting the sale of all alcoholic beverages on Sundays. This ordinance was amended in May of 1978 but retains the same prohibition. In 1971, the statute which expressly authorized municipalities to prohibit the sale of alcoholic beverages on Sundays was repealed.2 That same year the legislature enacted SDCL 35-4-81 which prohibits the sale of alcoholic beverages, except low-point beer, at certain times and on…