Gettman v. Board of Commissioners of Morgan County

It is important to emphasize that the sale of "fermented malt beverages" is covered by sections one to fourteen, chapter 89, 35 Colorado Statutes Annotated, designated there as article 1, and the sale of "malt, vinous or spirituous liquors" by sections fifteen to forty-seven, same chapter and compilation, designated as article 2. The first group of sections, or article 1, the "fermented malt beverage" law, was approved April 11, 1935, while the second group, or article 2, the "malt, vinous or spirituous liquors" law, was approved April 12, 1935. In short they were separate acts. Loosely, the first act has to do with nonintoxicating beverages, and the second act with intoxicating liquors. Or, as stated in the courts opinion, "Under our statutes the term fermented malt beverages means any such beverages containing not more than 3.2 per cent of alcohol by weight, and their manufacture and sale are regulated by separate laws from those regulating the manufacture and sale of other alcoholic liquors, which are classified as malt, vinous and spirituous liquors."