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ROSENTHAL v. DEPARTMENT OF REVENUE

No. 77-181.

579 P.2d 1176 (1978)

Ray ROSENTHAL and Helen Rosenthal, d/b/a Gondola International Lounge, Plaintiffs-Appellants, v. DEPARTMENT OF REVENUE and Joseph F. Dolan, as Executive Director of the Department of Revenue, Liquor Enforcement Division, State of Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 30, 1978.

Certiorari Granted June 5, 1978.

Attorney(s) appearing for the Case

Donald K. Smith, David M. Korrey, Sterling, for plaintiffs-appellants.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan and Chris J. Eliopulos, Special Asst. Attys. Gen., Denver, for defendants-appellees.

COYTE, Judge.

Plaintiffs are the holders of a hotel and restaurant license which authorizes them to sell spirituous liquors by the drink to customers for consumption on the premises. After a hearing before the Executive Director of the Department of Revenue, Liquor Enforcement Division, plaintiffs' license was suspended because of their allegedly selling liquors off of the licensed premises. Contending that the director acted arbitrarily and capriciously in suspending...

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