How taxis, peanuts and assault rifles get you a martini for dinner: examining peanut quotas and taxi medallions in consideration of whether a fifth amendment takings claim is a red herring when eliminating alcohol license quota systems
This Article argues that allowing increased on-premise alcohol licenses
will provide increased economic development through competition,
without sacrificing public safety. Opponents of dismantling the
on-premise quota system have consistently argued that a closed system
is necessary, and may implicate a takings claim by current licensees.
Review of relevant takings claim cases, including cases relating
to peanut quotas and taxi medallions, however, supports opening
those legacy markets by allowing new licensees into the marketplace,
with little legal support for a successful takings claim relating to the
value of the current licensee's license on a secondary market.