Maxim Cabaret, Inc. D/b/a Maxim Cabaret v. City of Sandy Springs, Georgia.

Summary

The court affirmed summary judgment for the City, holding that challenges to superseded ordinances were moot, the current ban on alcohol sales at nude-dancing establishments satisfied intermediate scrutiny, and Maxim lacked standing to challenge licensing provisions that could not constitutionally be applied to it. The court also held that Maxim lacked standing to challenge the amortization provision because it had not shown that the provision applied to it, and any grace period had expired. Justice Peterson, joined by Justices Nahmias and Blackwell, concurred but urged reconsideration of the premise that the Georgia Constitution independently protects nude dancing.