# McKinney v. North Carolina Board of Alcoholic Control

> Court of Appeals of North Carolina · October 16, 1974 · 23 N.C. App. 369

URL: https://www.frixlaw.com/law-library/cases/6732037

## Case

- **Full name:** JAMES STEPHEN McKINNEY, T/A Seven Dwarfs v. NORTH CAROLINA BOARD OF ALCOHOLIC CONTROL, DR. L. C. HOLSHOUSER, MARCUS T. HICKMAN and GEORGE L. COXHEAD, Members of the Board
- **Court:** Court of Appeals of North Carolina
- **Decided:** October 16, 1974
- **Citations:** 23 N.C. App. 369; 208 S.E.2d 879; 1974 N.C. App. LEXIS 2101
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Campbell
- **Judges:** Britt, Campbell, Vaughn
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6732037

## Opinion text

CAMPBELL, Judge.
The procedure followed in this case in all respects complies with the principles laid down in Wholesale v. ABC Board, 265 N.C. 679 , 144 S.E. 2d 895 (1965). The only contention being made by the plaintiff is that G.S. 18A-34(a) (4) and G.S. 18A-43(a) are unconstitutionally vague in failing to advise the petitioner or others what conduct is in fact “lewd, immoral, or improper entertainment, conduct, or practices” and what *371 conduct constitutes “proper supervision” of the premises. We are of the opinion that the statutes and the regulations which were in effect at the time of this suspension were not too vague and are constitutionally valid within the rule set out in California v. La Rue, 409 U.S. 109 , 34 L.Ed. 2d 342 (1972).
We refrain from setting out the acts and conduct set out in the evidence. Suffice it that we have reviewed all of the proceedings, and the judgment of the Superior Court of Wake County is
Affirmed.
Judges Britt and Vaughn concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6732037. Public record. Not legal advice.