dissenting.
I respectfully dissent. There was no evidence that KBNO Radio, Inc., the concessionaire that sold beer at the rodeo, or any of its employees knowingly sold or dispensed beer to Jose Vargas with knowledge that he was visibly intoxicated.
Section 12-47-128.5(3), C.R.S. (1991 Repl. Vol. 5B) provides:
(a) No licensee is civilly liable to any injured individual or his estate for any injury to such individual or damage to any property suffered because of the intoxication of any person due to the sale or service of any alcoholic beverage to such person, except when:
(I) It is proven that the licensee willfully and knowingly sold or served any malt, vinous, or spirituous liquor to such person ... who was visibly intoxicated_
There is no direct evidence of the sale, apart from Jose Vargas’ statement that he purchased a 12-pack of beer. Further, there is no evidence that the concessionaire know*525ingly sold beer to a visibly intoxicated Jose Vargas.
On this state of the record, the trial court entered summary judgment and a dismissal as to all defendants based on Dickman v. Jaekalope, Inc., 870 P.2d 1261 (Colo.App.1994) and Forrest v. Lorrigan, 833 P.2d 873 (Colo.App.1992). Dickman v. Jaekalope is squarely in point and supports the judgment entered.
In addition, the Robby Ferrufino Memorial Fund was dismissed under the charitable immunity doctrine set forth in Hemenway v. Presbyterian Hospital Ass’n of Colorado, 161 Colo. 42, 419 P.2d 312 (Colo.1966).
In my view, the facts in the record do not establish an issue of a material fact that would justify the vacation of the summary judgment dismissing all claims, and thus, that judgment should be affirmed.