Appeal heard over Brookhaven's $100,000 —entertainment venue— license fee; decision reserved

The Brookhaven Alcohol Review Board on Jan. 22 heard an appeal from Rush Lounge after the city denied the establishment's 2018 alcohol license renewal, saying the renewal application admitted facts that make it an "entertainment venue" under a 2017 ordinance and therefore subject to a $100,000 annual entertainment-venue licensing fee.

City counsel told the board that Rush—hecked boxes on its renewal application indicating it has a DJ, a stage and a dance floor, and that under the amended ordinance any place with at least one of those characteristics is defined as an entertainment venue and subject to the higher fee. "They are then required to pay $100,000 plus the $300 administrative fee for their distilled spirits, malt beverage, and wine license within the city of Brookhaven," the city attorney said.

Why it matters: The appeal raises both statutory and constitutional questions. Rush Lounge's attorney argued the state alcohol code limits local license fees and that the city's data and ordinance are overbroad, while the city contended the state provision cited by the applicant applies to package (off-premise) sales, not on-premise consumption, and said the…