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Glendale Appeals Alcohol Sale Rulings

April 28, 1988

In a continuing battle against the sale of alcoholic beverages and gasoline from the same locations, the city of Glendale has appealed preliminary injunctions granted to three gas stations that sell beer and wine, said Assistant City Atty. Scott H. Howard.

The three mini-marts filed lawsuits against a city ordinance, which was to go into effect May 27, 1987, prohibiting the concurrent sale of alcoholic beverages and gasoline.

Before the ordinance went into effect, in separate rulings, Superior Court judges in Burbank and Los Angeles ordered Glendale officials not to enforce the ban against the three mini-marts.

Howard said he filed the appeals Friday and Tuesday in the state Court of Appeal for the 2nd Appellate District.

The judges based their rulings on the California Business and Profession Code, which states that businesses that do not modify their operations are immune to such new ordinances, Howard said. As a result, city officials decided to hold off enforcing the ban citywide.

Howard said Glendale officials may also challenge a 1987 state law that requires such bans in Glendale and about 30 other cities to be abolished by Jan. 1, 1989.

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