Chris L. Harriman; The Division is the state agency responsible for the administration and enforcement of chapters 561-568, collectively known as the Beverage Law, and has jurisdiction over this matter pursuant to the Beverage Law and section 120....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

NOTICE IS HEREBY GIVEN that the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco has declined to rule on the petition for declaratory statement filed by Chris L. Harriman on February 16, 2017. The following is a summary of the agency’s declination of the petition:

The Division is the state agency responsible for the administration and enforcement of Chapters 561-568, collectively known as the Beverage Law, and has jurisdiction over this matter pursuant to the Beverage Law and Section 120.565, Florida Statutes. Petitioner, pursuant to Chapter 28-105, F.A.C, requested that the Division provide a declaratory statement as to the applicability of subsections 61A-3.019(1) and 61A-3.019(3), F.A.C., to Petitioner’s set of circumstances; specifically, the Fort Walton Beach VFW Post’s refusal of service of alcoholic beverages to Petitioner. Petitioner is a member of the VFW organization; however, he is no longer a member of the Fort Walton Beach VFW post. The statement Petitioner seeks would be generally applicable to Series 11C licensees, and therefore would likely constitute an agency rule. Further, Petitioner appears to seek a statement determining the proper conduct of a third party. Neither of these purposes are appropriate for a declaratory statement, therefore the Division denies the petition. The Final Order on the matter was filed on May 16, 2017.

A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Department of Business and Professional Regulation, Agency Clerk’s Office, 2601 Blair Stone Rd., Tallahassee, FL 32399-2202, [phone], [e-mail].

Please refer all comments to: Daniel McGinn, Esq., Office of the General Counsel, 2601 Blair Stone Rd., Tallahassee, FL 32399-2202, [phone], [e-mail]. DS 2017-004, DBPR Ref. #2017-010106.