Kelly v. City of Fort Collins

This court has granted certiorari on the petition of Paul L. Kelly to determine the validity of an ordinance of the City of Fort Collins regulating the sale of fer mented malt beverages. Petitioner at all times has admitted a sale but has challenged the constitutionality of the ordinance itself under which he was originally convicted in the municipal court. We will refer to Kelly by name or as petitioner and to the respondent City of Fort Collins, a home rule municipality under Article XX of the Colorado Constitution, as Fort Collins or the city.

Kelly operates the Campus Bowl Lounge within…