431 P.2d 863 | Colo. | 1967
Opinion by
By this writ of error Bauer seeks reversal of a judgment of the district court which upheld the denial of an application for a fermented malt beverage license, by the Board of County Commissioners of Logan county.
For seventeen years Bauer has operated a retail grocery and market on U,S. Highway No. 6 a short distance from the city limits of Sterling, Colorado, and he sought the license to sell 3.2 beer for consumption off the premises.
The application filed by Bauer was supported by 924 persons who signed petitions in which it was asserted that the signers,
“* =1= * gukjHrt that we are in favor of, and believe there is a need for, a fermented malt beverage license (a 3.2% beer license) to be granted to Alec Bauer at Bauer’s Market, * *
Of these 924 signers 140 persons resided within one-fourth of a mile from the proposed outlet. Opposing these petitions filed in favor of issuance of the license, remonstrances signed by 41 persons were filed. None of these persons lived closer than one mile from Bauer’s Market, and their objections were to the sale of beer anywhere, at any time.
We have read the full record of the proceedings before the Commission and have reached the inescapable
The judgment is reversed and the cause remanded with directions to enter judgment that the license shall issue as requested in the original petition filed before the Commission.