BK WHOPPER BAR, LLC, a Florida limited liability company and BURGER KING CORPORATION, a Florida corporation, Docket Number DS 2011-017.; Whether the fact that a minority of the Board of Directors of BKC, which constitutes an even smaller minority of ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Alcoholic Beverages and Tobacco

NOTICE IS HEREBY GIVEN that Department of Business and Professional Regulation, State of Florida has received the petition for declaratory statement from BK WHOPPER BAR, LLC, a Florida limited liability company and BURGER KING CORPORATION, a Florida corporation, Docket Number DS 2011-017.The petition seeks the agency's opinion as to the applicability of Sections 561.22 and 561.42(i), Florida Statutes as it applies to the petitioner.
Whether the fact that a minority of the Board of Directors of BKC, which constitutes an even smaller minority of the Board of Directors of AB InBev (including wholly owned subsidiaries) precludes licensure of BK Whopper Bar, LLC, as a vendor, pursuant to Section 561.22(1) & (3), Florida Statutes. Petitioner asserts that BK Whopper Bar is neither a manufacturer nor a distributor, or exporter, pursuant to Section 561.22(3), Florida Statutes, and would not be barred by Section 561.22(3), Florida Statutes from being a vendor. Moreover, Petitioner explains that BK Whopper Bar is not affiliated with AB InBev and there is no majority ownership or control of BK Whopper Bar by a corporation that owns a majority of or controls another corporation that is a manufacturer, distributor, or exporter of alcoholic beverages. Therefore, Petitioners request a Declaratory Statement that the above-referenced business structure is permissible under Chapter 561, Florida Statutes, and BK Whopper Bar, LLC, is permitted to hold a Florida Alcoholic Beverage License as a retail vendor.
A copy of the Petition for Declaratory Statement may be obtained by contacting: Agency Clerk, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2217.
Please refer all comments to: Michael Ross, Chief Attorney, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2202.