Petitioner, Laurence Robinson, DS 2013-115 ; On December 10, 2013, Petitioner, Laurence Robinson requests clarification regarding whether the Petitioner’s proposed operations are legal under the exceptions for vendors receiving telephone and mail ...

 

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 Petitioner, Laurence Robinson, DS 2013-115 on April 1, 2014. The following is a summary of the agency's disposition of the petition:

On December 10, 2013, Petitioner, Laurence Robinson requests clarification regarding whether the Petitioner’s proposed operations are legal under the exceptions for vendors receiving telephone and mail orders in Florida Statute 561.57. Petitioner, Laurence Robinson, either herself or on behalf of a Florida business entity, intends to begin an online business to sell wine and possibly beer for consumption off the premises pursuant to Florida Statute 564.02(1)(a). The business intends to operate exclusively through internet-based marketing and sales. The petitioner is substantially affected by virtue of its intent to be a vendor of alcoholic beverages in Florida. The Department published the notice of the Petition with the Florida Administrative Register on December 18, 2013, Volume 39, Number 244. On April 1, 2014, the Department filed a Final Order based upon the facts described in the Petition for Declaratory Statement. The set of facts put forward by the Petitioner in the Petition for Declaratory Statement are not uniquely applicable to the Petitioner as required by law. The business operations proposed by Petitioner are too broad and not uniquely applicable to Petitioner’s business for the Division to render an opinion through a declaratory statement. With the above finding considered, the Division is unable to answer the Petition and will therefore enter into rulemaking to address the issue of internet orders.

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 32399-1020.