Subtitle: 
A Denver restaurant was denied a liquor license because the restaurant was located within 500 feet of a public school.

A Denver restaurant, Mariscos Las Islatas, was denied a liquor license because the restaurant was located within 500 feet of a public school.

Important Tip When interpreting laws, technical arguments can be outweighed by strong policy considerations.

Colorado law provides:

No application for the issuance of any license ... shall be received or acted upon: ... If the building in which the malt, vinous, or spirituous liquor is to be sold is located within five hundred feet of any public or parochial school or the principal campus of any college, university, or seminary ... Section 12-47-313(1)(d).

The restaurant appealed the denial because if it measured the pedestrian route between the school and the restaurant, the restaurant was more than 500 feet from the school. Even though there were good arguments about the various ways to measure the distance, the license was denied because the purpose of the law is to protect schoolchildren from liquor and intoxicated persons. As a result, the court was not willing to consider alternative measurements and denied the license.

 

Additional Information
Important Tip: 
When interpreting laws, technical arguments can be outweighed by strong policy considerations.
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restaurant legal issues