City of Hueytown v. Jiffy Chek Co.

The issue is whether the City of Hueytown denied Jiffy Chek Corporation equal protection of the laws when Tit. 29, § 73, Code of Ala., governing the licensing of stores for the sale of beer, table wines and other kinds of alcoholic beverages sitused within certain distances of certain institutions, was applied to deny a license. We agree with the trial court that the statute was unconstitutionally applied and accordingly affirm its judgment ordering the City to issue Jiffy Chek a business license for the sale of table wine.

Jiffy Chek Corporation, plaintiff below, is a merchant doing business…