Kentucky Alcoholic Beverage Control Board v. Jacobs

COMBS, Justice.

The question is whether a statute which permits the Alcoholic Beverage Control Board to padlock and close a place of business is constitutional. The trial court held the statute to be unconstitutional and enjoined the Board from closing defendant’s place. On- motion of the Board we dissolved the injunction because we did not want to pass on the constitutionality of the statute in an injunction proceeding without the case being fully prepared. The case now is before us on its merits.

The Board cited the defendant, Bernard W. Jacobs, doing business as The Louisville Stork Club,…