the Petitioner, Bottle Club LLC d/b/a EYZ WIDE SHUT II (“EYZ WIDE SHUT”) DS-2013-051; On June 28, 2013, the Petitioner, BOTTLE CLUB, LLC., d/b/a EYZ WIDE SHUT, filed a Petition for Declaratory Statement seeking the agency's opinion as to the ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

NOTICE IS HEREBY GIVEN that Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation, State of Florida has issued an order disposing of the petition for declaratory statement filed by the Petitioner, Bottle Club LLC d/b/a EYZ WIDE SHUT II (“EYZ WIDE SHUT”) DS-2013-051 on June 28, 2013. The following is a summary of the agency's disposition of the petition:

On June 28, 2013, the Petitioner, BOTTLE CLUB, LLC., d/b/a EYZ WIDE SHUT, filed a Petition for Declaratory Statement seeking the agency's opinion as to the applicability of the Petitioner's circumstances as to how Florida Statues 561 and 562 apply to operating a bottle club and 4-COP operating as an adjacent business that are connected by a door. The Petitioner is substantially affected by the particular circumstances of its proposed declaratory statement because Petitioner is uncertain if he can or how to operate with an adjacent bottle club and comply with any applicable laws and other regulation at the same time. The Department published the notice of receipt on the F.A.W website on 7/10/2013 vol. 39/133. On September 25, 2013, the Department filed a Final Order based upon the facts set out in the submitted Petition for Declaratory Statement, Petitioner’s proposed business model – to use another licensed premises as the entrance to it own –is impermissible under Florida Law. Therefore, the Petition is denied. This conclusion is based on the facts described in the Petitioner’s Petition for Declaratory Statement and legal research by the Division. Accordingly, this conclusion has no application in the event that the factual circumstances and/or relationships among the entities described herein are incorrect or change.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: [e-mail], Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2202.

Please refer all comments to: Michael Ross, Chief Assistant General Counsel, Department of Business and Professional Regulation, Division of Florida Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2202.