Linda Horton DS 2013-114; On November 26, 2013, Petitioner, Linda Horton seeks the agency opinion regarding the proposed action to be taken by Petitioner with respect to the provisions of the Beverage Law and of the rules of the Division pursuant to ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

NOTICE IS HEREBY GIVEN that Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, State of Florida has issued an order disposing of the petition for declaratory statement filed by Linda Horton DS 2013-114 on February 26, 2014. The following is a summary of the agency’s disposition of the petition:

On November 26, 2013, Petitioner, Linda Horton seeks the agency opinion regarding the proposed action to be taken by Petitioner with respect to the provisions of the Beverage Law and of the rules of the Division pursuant to Section 120.565, Florida Statues. The Petitioner is substantially affected due to proposing to commercially baking and selling cakes in Florida of which an alcoholic beverage is an ingredient. The department published the notice of receipt of the Petition with Florida Administrative Register on December 16, 2013 Vol. 39. No. 242, Florida Administrative Register. On February 26, 2014, the Department filed a Final Order based upon the facts set out in the submitted Petition for Declaratory Statement, Petitioner, Linda HW. Horton, is not directly or indirectly engaged in the sale of alcoholic beverages and does not generate or receive revenue based upon the sale of alcoholic beverages the State of Florida. As such, Petitioner requires no licensure from the Division of Alcoholic Beverages and Tobacco. Related party, Karmel Holding, uses alcoholic beverages only in the commercial production of food products. As such, the Division finds that Karmel Holding, in the capacity described in the Petition, is not directly or indirectly engaged in the sale of alcoholic beverages in the State of Florida. Therefore, Karmel Holding requires no licensure from the Division of Alcoholic Beverage and Tobacco. With the above finding considered, this Petition is hereby granted. 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 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.