Mayor & Council, City of Hapeville v. Anderson

Clarke, Justice.

Plaintiffs applied for a “consumption on the premises” license for the sale of alcoholic beverages in the City of Hapeville on November 9, 1977. The application was denied by the Mayor and Council based upon the Code of Ordinances of the City of Hapeville, Section 3-26(d), as it existed at that time. That section limited the number of such licenses to the extent that when licenses issued numbered more than one for each one thousand persons residing in the City of Hapeville, no further licenses should be permitted. The section further provided that if such a licensee should go…