C. V. ENTERPRISES, INC. v. STATE, DEPT. OF R.

No. 78-906.

593 P.2d 984 (1979)

C. V. ENTERPRISES, INC., Plaintiff-Appellee, v. STATE of Colorado, DEPARTMENT OF REVENUE and Liquor Enforcement Division, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

April 5, 1979.


Attorney(s) appearing for the Case

Frank F. Woodrow, Montrose, for plaintiff-appellee.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Yvette P. Fossum, Asst. Atty. Gen., Denver, for defendant-appellant.


BERMAN, Judge.

After a hearing, the Executive Director of the Department of Revenue (department) entered an order suspending plaintiff's liquor license for two days based on a violation of Department of Revenue Regulation No. 47-105.4A, 1 Code Colo.Reg. 203-2. The district court rescinded the order, holding that the application of the regulation to plaintiff, and Regulation No. 47-105.4C, were unconstitutional. We reverse and reinstate the order of suspension.

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