On February 29, 2008, the Petitioner, Hyatt Corporation, Inc., et al., filed a Petition for Waiver of Florida Administrative Code Rule 61A-2.014 with the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco ...

 

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

RULE NO: RULE TITLE
61A-2.014: Applications

NOTICE IS HEREBY GIVEN THAT on May 28, 2008, the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco has issued an order.

On February 29, 2008, the Petitioner, Hyatt Corporation, Inc., et al., filed a Petition for Waiver of Rule 61A-2.014, F.A.C., with the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco (“Department”). The Petition requested a waiver of Rule 61A-2.014, F.A.C., subsection (6), which requires all directors or officers of a corporation with an interest in an alcoholic beverage license to file a set of fingerprints at the time of making application for a beverage license or at the time an interest is created after a license has been issued. Petitioner does not qualify as any of the three exceptions also created by Rule 61A-2.014, F.A.C., but requested the waiver of application of the rule to Petitioner’s positions of Assistant Secretary, since such positions are not involved in the operation, control or management of any Florida hotel or any alcoholic beverage sales at a Florida location.

On May 28, 2008, the Department filed an Order Granting Petition for Waiver. The Order noted that the positions for which waiver of Rule 61A-2.014, F.A.C., was requested are not involved in the operation, control, or management of any Florida hotel or of any alcoholic beverage sales at a Florida location, that granting this waiver would not create a dangerous precedent, and that the proposed waiver was consistent with the principles of public welfare articulated by the rules of the Florida Administrative Code. The Order concluded that Petitioner’s request for waiver met the burden of demonstrating that the principles of public welfare and the purpose of the underlying rule had been met.

A copy of the Order may be obtained by contacting: Terry Musselwhite, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, [phone].