Bottle Club, LLC d/b/a Eyz Wide Shut II DS 2013-005; On January 22, 2013, the Petitioner, BOTTLE CLUB, LLC., d/b/a EYZ WIDE SHUT, filed a Petition for Declaratory Statement seeking to resolve questions as it pertains to the Petitioner circumstances ...  

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    DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

    Division of Alcoholic Beverages and Tobacco

    NOTICE IS HEREBY GIVEN that Division of Alcoholic Beverage and Tobacco, Department of Business and Professional Regulation, State of Florida has issued an order disposing of the petition for declaratory statement filed by Bottle Club, LLC d/b/a Eyz Wide Shut II DS 2013-005 on January 22, 2013. The following is a summary of the agency's disposition of the petition:

    On January 22, 2013, the Petitioner, BOTTLE CLUB, LLC., d/b/a EYZ WIDE SHUT, filed a Petition for Declaratory Statement seeking to resolve questions as it pertains to the Petitioner circumstances as to how the statues 561.01(11) and 562 apply to operating a bottle club and 4-COP operating as adjacent businesses that are connected via door. The Petitioner is substantially affected by the particular circumstances of its proposed declaratory statement because it is uncertain 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 of the Petition with Florida Administrative Weekly on 1/28/2013. On June 6, 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. 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: Joy.Cottrell@myfloridalicense.com, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2202.

Document Information

Contact:
Joy.Cottrell@myfloridalicense.com, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2202.