CITIZENS FOR FREE ENTERPRISE v. DEPT. OF REV.

No. 81SA82.

649 P.2d 1054 (1982)

CITIZENS FOR FREE ENTERPRISE, a Colorado non-profit corporation; Palace, Inc., a Colorado corporation; the Chroma Corporation, a Colorado corporation; Harold L. Popiel, d/b/a The Gaslite Room; Sid King, d/b/a Crazy Horse Bar; Debi Scheufler; Vivian Cooke; Barney Frank, Inc., a Colorado corporation, d/b/a Tipsy Tiger; and Richard L. Bebo, d/b/a Bebo's Lounge, Plaintiffs-Appellees, v. DEPARTMENT OF REVENUE, STATE OF COLORADO; Alan N. Charnes, Executive Director, Liquor Control Division; and Marvin Eller, Director, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 30, 1982.


Attorney(s) appearing for the Case

Law Offices of Bernard D. Morley, P. C., Bernard D. Morley, Denver, for plaintiffs-appellees: Citizens for Free Enterprise, Palace, Inc., Chroma Corp., Debi Scheufler, Vivian Cooke.

No appearance for Harold L. Popiel, d/b/a The Gaslite Room and Barney Frank, Inc. d/b/a Tipsy Tiger.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Richard H. Forman, Asst. Atty. Gen., Denver, for defendants-appellants.


LOHR, Justice.

This is an appeal from a judgment of the Denver District Court invalidating two regulations promulgated by the Colorado Department of Revenue (department) for the purpose of governing activities in establishments with liquor licenses. The appellants are the department, the Executive Director of its liquor control division, and the Director of that division, all of whom were the defendants in the trial court. We conclude that the court was correct in...

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