National Convenience Stores, Inc. v. City of Englewood

We granted certiorari to review the decision of the court of appeals in National Convenience Stores, Inc. v. The City of Englewood, No. 75-025 (August 19, 1975)(mem). The court of appeals affirmed the judgment of the trial court which had upheld the denial by the Englewood City Council (hereinafter Englewood) of National’s application for a fermented malt beverage license to sell 3.2% beer for consumption off the premises. We reverse.

Section 12-46-105, C.R.S. 1973 specifies the qualifications and conditions for granting a license for fermented malt beverages. The subsection relevant in this…