Intoxicating Liquor

This chapter examines former Article XXII of the Colorado Constitution, which governed intoxicating liquor. Original Article XXII, adopted in 1916, was a statewide prohibition law. National Prohibition followed in 1920. As repeal of the national ban loomed in 1932, Article XXII was amended to repeal state prohibition. The amended article gave the general assembly broad power to regulate intoxicating liquors. Statutes delegated significant authority to local governments, but under Article XXII, state law governed any conflict. Repeal of the article in 2009 removed the source of the state’s paramount authority. This raised questions about possible home rule authority of local governments, but so far no dispute has generated a reported judicial decision.

Federal Interference with State and Tribal Sports Betting Regulations Will Not Work: Where the Sports Wagering Integrity Act of 2018 Went Wrong and How Federal Legislation Might Be Effective

On Monday, May 14, 2018, the Supreme Court of the United States struck a fatal blow to the federal Professional and Amateur Sports Protection Act (PASPA) when it determined PASPA violated the Tenth Amendment of the United States Constitution. Prior to the PASPA repeal, Nevada had been the only state in the United States (US) authorized to offer a full complement of legal sports betting options. Because, Nevada’s race books and sports pools have had the ability to offer wagers on sports since 1947, those legal sports betting operations were “grandfathered” into PASPA when it was passed by Congress in 1992. Having anticipated repeal as a possible outcome, four states passed laws making sports betting legal in case the Supreme Court ruled in New Jersey’s favor, and one state pre-emptively legalized sports betting through a ballot measure. With barriers removed by the PASPA repeal, state gambling regulators were able to grant licenses and adopt regulations. State legislatures were also able legalize sports wagering during their upcoming legislative sessions. And they did!

QUALITY CONTROL IN THE CALIFORNIA WINE INDUSTRY1

The post-Pasteurian trends in quality control in the wine industry are reviewed. The post-Repeal state and Federal wine standards and their effects are discussed. The contributions of various text books are noted. Specific problems, river disposal of stillage, pond disposal of liquid winery wastes, and tartrate decomposition are mentioned. The activities of the Wine Institute in this field are reviewed, particularly its Sanitation Guide for Wineries and its recommendations. The problem of antiseptics, fungicides, and pesticides as they relate to the wine industry are mentioned.