Fremont Street liquor store’s restraining order request opposed

The city of Las Vegas is opposing a request by a Fremont Street liquor store for a restraining order to prevent enforcement of two new ordinances.

In a response filed Monday in federal court, the city argues that Souvenir Super Mart has “not established the grounds” for the issuance of a restraining order.

The opposition focuses on an ordinance approved by the City Council at its May 21 meeting. The ordinance allows six existing businesses to continue selling packaged liquor on the Fremont Street Experience pedestrian mall but prohibits any new ones.

“The actions by the City Council fall squarely within the powers granted to it by the state of Nevada and the Twenty-First Amendment,” according to the city’s response. “The council had a rational basis to enact the ordinance and to place different limitations on the holders of tavern licenses and package liquor licenses.”

The 21st Amendment to the U.S. Constitution repealed the 18th Amendment, which mandated a nationwide prohibition on alcohol.

Two companies that do business as Souvenir Super Mart filed a lawsuit last week against the city and asked for the restraining order.

According to the complaint, the city’s “liquor regulatory scheme” violates the plaintiffs’ constitutional rights.

Officials passed the ordinances in response to complaints that drunks were deterring tourists from returning to downtown Las Vegas.

In the document filed Monday, the city argues that the latest ordinance “will place some restrictions” on Souvenir Super Mart’s sales practices, but “it will not force the business to close or relocate.”

“The regulation of the sale of alcohol is the apex of the city’s police power,” the city argues. “In addition to its normal regulatory power to promote its citizens’ health, safety and welfare, the United States Constitution grants the city great power to regulate the distribution and sale of alcohol.”

Souvenir Super Mart also challenges an exception in the latest ordinance that allows 12,000-square-foot or larger grocery stores or pharmacies to sell liquor on the Fremont Street Experience.

According to the city’s opposition, the plaintiffs have not established that the ordinance has violated any of their constitutional rights.

The case has been assigned to U.S. District Judge Gloria Navarro.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710. Finder her on Twitter: @CarriGeer.