Assume That Sellers of Alcohol for Consumption on the Premises

question 72

Essay

Assume that sellers of alcohol for consumption on the premises (i.e. ,bars,taverns,and the like)are heavily regulated under Montana law.The state's statutes and regulations impose a licensing requirement,mandate the posting of signs (in open-to-the-public portions of the bar)concerning the minimum drinking age and the possible hazards of alcohol consumption,and establish numerous other requirements that bar owners must meet.Montana law also authorizes the Montana Liquor Control Commission (MLCC),a state agency that administers the statutes and regulations on sellers of alcohol,to conduct administrative inspections of bars and taverns in order to determine whether the required signs are posted and the other legal requirements are being met.The statute providing for these inspections states that the MLCC need not obtain any sort of warrant before conducting such an inspection.MLCC investigators recently conducted a warrantless inspection of the Pink Elephant Lounge,a Butte,Montana tavern owned by Edna Sternwallow.The inspection revealed the absence of the required drinking age and warning signs.Following a hearing,the five MLCC commissioners suspended the Pink Elephant's liquor license for a year (a penalty allowed by Montana law for a violation of the sign-posting requirement).Sternwallow appealed to an appropriate Montana court,which is conducting a de novo review according to state law.Sternwallow argues that the evidence obtained through the warrantless inspection should be excluded because the inspection violated the Fourth Amendment.Will Sternwallow succeed with this argument? Explain.

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