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NEW SAFARI LOUNGE, INC. v. CITY OF COLORADO SPRINGS

No. 27220.

567 P.2d 372 (1977)

NEW SAFARI LOUNGE, INC., Plaintiff-Appellee, v. The CITY OF COLORADO SPRINGS, a Colorado Home Rule City, and the City Council of the City of Colorado Springs, Michael C. Bird, Charles C. Brown, Luis A. Cortez, Robert M. Isaac, Richard E. Dodge, Andrew Marshall, Donald E. Willman, and Leon Young, and its Mayor, Lawrence D. Ochs, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

August 2, 1977.

Attorney(s) appearing for the Case

Agee, Ewing & Goldstein, Ron E. Ewing, Colorado Springs, for plaintiff-appellee.

Gordon D. Hinds, City Atty., Thomas L. Darneal, Asst. City Atty., Colorado Springs, for defendants-appellants.

KELLEY, Justice.

The City of Colorado Springs, et al., appeals the decision of the District Court for the County El Paso, holding that section 12-47-120(2),1 C.R.S. 1973,2 is unconstitutional on its face because it violates the due process clause of the fourteenth amendment of the United States Constitution. We hold that the statute, with the gloss placed on it by...

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