License to Sell: Constitutional Protection Against State or Local Government Regulation of Liquor Licensing

50 Pages Posted: 10 May 2018

Date Written: 1995

Abstract

Part I of this Article examines the constitutional issues that arise when a liquor license is considered a property right. Section A discusses four attributes of liquor licenses that can be used to determine whether the license is a constitutionally protected property interest in a given state. Section B illustrates the applicability of these four attributes to the extent that procedural due process is accorded in actions involving liquor licenses, by examining the licensing provisions and court decisions of several states. Section C discusses how courts have decided whether procedural due process rights have been violated in liquor licensing actions. Section D evaluates the protection that may be available for liquor licensees under the Takings Clause of the Fifth Amendment. Part II of the Article explores the constitutional protections provided to liquor licensees based on substantive due process and equal protection. These two claims do not require a finding that the liquor license is a property interest. The Article concludes by offering guidelines as to whether a particular state will provide constitutional protection, and to what degree, to a liquor licensee affected by state or local regulation.

Keywords: Constitutional Law, State Government, Local Government, Regulation, Liquor Licensing, Property Interest, Due Process, Takings Clause, Fifth Amendment

Suggested Citation

Saxer, Shelley Ross, License to Sell: Constitutional Protection Against State or Local Government Regulation of Liquor Licensing (1995). Hastings Constitutional Law Quarterly, Vol. 22, No. 2, 1995; Pepperdine University Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=3168097

Shelley Ross Saxer (Contact Author)

Pepperdine University School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

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