WBY, Inc. v. City of Chamblee, No. 20-10659 (11th Cir. 2021)
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Follies, an adult entertainment nightclub, filed suit against the City of Chamblee, challenging Ordinance 754, which amended section 6-152(a) of its Alcohol Code to require establishments selling liquor for consumption on the premises to stop alcohol sales by 2:00 a.m. Monday through Saturday and by 11:59 p.m. on Sunday.
The Eleventh Circuit affirmed the district court's grant of summary judgment in favor of the City, holding that although Follies had a vested right in its 2018 liquor license, that vested right did not extend to the hours in which alcohol could be sold. The court explained that the 2018 liquor license issued to Follies did not specifically guarantee that alcohol could be sold during certain set hours. Consequently, Follies had no more than a unilateral expectation that it would be able to sell alcohol during specific hours.
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