Southern Kitchens, Inc. v. Peach County

Fletcher, Justice.

Southern Kitchens, Inc. challenges the constitutionality of a $10,000 business license fee that Peach County has imposed on adult entertainment establishments. Reducing the fee the county can collect to $5,000 annually, the trial court upheld the county ordinance as constitutional and denied the permanent injunction that Southern sought. We reverse and remand for the trial court to consider the constitutionality of the ordinance as written based on the test stated in Paramount Pictures Corp. v. Busbee, 250 Ga. 252, 256 (297 SE2d 250) (1982). See S. J. T., Inc. v. Richmond…