title
Grog House, Inc., d/b/a Grog House; C.S. Foods, Inc., d/b/a The Copper
Monkey; Gator Ugly, Inc., d/b/a Gator City; and Rob Zeller vs. City of
Gainesville; Alachua County Circuit Court; Case No.: 01-09-CA-1691 (B)
recommendation
The City Commission authorize the City Attorney to represent the City
in the case styled Grog House, Inc., d/b/a Grog House; C.S. Foods,
Inc., d/b/a The Copper Monkey; Gator Ugly, Inc., d/b/a Gator City; and
Rob Zeller vs. City of Gainesville; Alachua County Circuit Court; Case
No.: 01-09-CA-1691.
explanation
On April 2, 2009, the City of Gainesville was served with a summons and Complaint for Declaratory Judgment and Injunctive Relief. The Plaintiffs allege that Ordinance No. 0-07-121 (Underage Prohibition in Alcoholic Beverages Establishments Act) is invalid. They allege that the City's ordinance is preempted by State laws that prohibit local ordinances from regulating state regulated licensees and prohibit local ordinances that discriminate against state regulated licensees. They request the Court to declare the ordinance invalid and void, and to enjoin the City from enforcing the ordinance. The City will defend the validity of the ordinance.