Constitutionality – Alcohol Sales

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7^th Circuit Court of Appeals

Case Name: Indiana Petroleum Marketers And Convenience Store Association, et al.  v. David Cook

Case No: 14-2559

Officials: RIPPLE, WILLIAMS, and SYKES, Circuit Judges.

Practice Area: Constitutionality – Alcohol Sales

State law preventing sale of cold packaged beer constitutional under rational-basis review.

“The Association’s second equal-protection argument is that package liquor stores are permitted to sell cold packaged beer but grocery and convenience stores are not. See §§ 7.1-5-10-11, 7.1-3-5-3(d). Indiana defends this distinction by noting that package liquor stores are subject to stricter regulations designed to enhance the State’s ability to limit and control the distribution of alcohol. For instance, no one under the age of 21 is permitted on the premises of a package liquor store. Compare IND. CODE § 7.1-5-7-10 with id. § 7.1- 5-7-11(a) (listing exceptions not applicable here). Sales clerks must be at least 21 years old. See id. § 7.1-5-7-12 (prohibiting the sale of alcohol by minors); see also id. § 7.1-5-7-13 (establishing a limited exception for 19- and 20-year-old servers in restaurants and hotels, provided that they have special training and are supervised by a trained employee over the age of 21). Hours and days of operation are restricted. See, e.g., id. § 7.1-5-10-1 (requiring licensed premises to close during times that alcohol sales are unlawful “to the extent that the nature of the business … permits”); id. § 7.1-3-1-14(a) (providing that alcohol sales are lawful Monday through Saturday from 7 a.m. to 3 a.m. the following day).”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.