McQuate v. City of Boulder Fermented Malt Beverage Licensing Authority

Opinion by

Mr. Justice Moore.

Plaintiffs in error, hereinafter referred to as protestants, are here on writ of error seeking reversal of a judgment entered by the district court of Boulder county. That judgment affirmed the order of the City of Boulder Fermented Malt Beverage Licensing Authority which granted a restaurant type retail malt beverage license to F.A.F. Inc., one of the defendants in error.

By local option, the city of Boulder does not permit the sale of intoxicating liquor but does permit the sale of 3.2 per cent fermented malt beverages. An ordinance of the city of Boulder makes a…