CONTEMPORARY ENTERPRISES, INC. v. CHARNES

No. 78-1103.

613 P.2d 339 (1980)

CONTEMPORARY ENTERPRISES, INC., A Colorado Corporation, Plaintiff-Appellee, v. Alan N. CHARNES, Executive Director, Colorado Department of Revenue, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied February 28, 1980.

Certiorari Denied June 30, 1980.


Attorney(s) appearing for the Case

No appearance, for plaintiff-appellee, Contemporary Enterprises, Inc.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Richard H. Forman, Asst. Atty. Gen., Denver, for defendant-appellant.


SMITH, Judge.

Alan Charnes, as executive director of the Colorado Department of Revenue, (Department) appeals the entry of a declaratory judgment under which the trial court determined that the activity of Contemporary Enterprises, Inc., (Contemporary) does not violate the Colorado Liquor Code, § 12-47-128(5)(g)(I), C.R.S. 1973 (1978 Repl. Vol. 5). We affirm.

Contemporary sells a "charge-a-drink" card to the public for $15. Upon purchase from Contemporary...

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