Opinion
S94A0708.
DECIDED SEPTEMBER 21, 1994.
License fee; constitutional question. Peach Superior Court. Before Judge Wilcox.
Steven M. Youngelson, J. Andrew Ziolo, for appellant.
Robert E. Lanyon, Adams Adams, Charles R. Adams, Jr., Charles R. Adams III, for appellee.
Southern Kitchens, Inc. challenges the constitutionality of a $10,000 business license fee that Peach County has imposed on adult entertainment establishments. Reducing the fee the county can collect to $5,000 annually, the trial court upheld the county ordinance as constitutional and denied the permanent injunction that Southern sought. We reverse and remand for the trial court to consider the constitutionality of the ordinance as written based on the test stated in Paramount Pictures Corp. v. Busbee, 250 Ga. 252, 256 ( 297 S.E.2d 250) (1982). See S. J. T., Inc. v. Richmond County, 263 Ga. 267, 268 ( 430 S.E.2d 726) (1993); Gravely v. Bacon, 263 Ga. 203, 205 ( 429 S.E.2d 663) (1993). On remand, the trial court may consider additional evidence. See Agan v. Farris, 247 Ga. 236, 237 ( 275 S.E.2d 321) (1981).
Judgment reversed and case remanded. All the Justices concur.