On February, 25, 2014, the Petitioner, Rollo’s Liquor’s requested a Rule Waiver of Florida Statute 565.04. The Petitioner petitions to sell the following items: mouthwash, aspirin, Bayer, Advil, Tylenol, Aleve, Alka-Seltzer, Goody’s, Claritin, ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, State of Florida hereby gives notice:

On February, 25, 2014, the Petitioner, Rollo’s Liquor’s requested a Rule Waiver of Florida Statute 565.04. The Petitioner petitions to sell the following items: mouthwash, aspirin, Bayer, Advil, Tylenol, Aleve, Alka-Seltzer, Goody’s, Claritin, Midol, Halls, Playboy, Penthouse, XXX magazines, and any other over the counter items that are permitted to be sold in any gas station. The Petitioner expressed substantial hardship under section 2 of the statute not allowing the continued sale of the above items would “violate principles of fairness’ since their area competition is allowed to sell the listed items and more. The department published the notice of receipt of the Petition with Florida Administrative Register on 3/05/2014, Vol. 40, No. 44.

On June 12, 2014, the Division filed an Order denying Petitioner’s Petition for Waiver of Rule 61A-3.054, F.A.C. As interpreted by the Division, the Petitioner fails to adequately allege or show how the product proposed to be sold are party-type supplies within the meaning of Section 564.01, F.S. As such, Petitioner fails to show how a variance would allow the underlying purpose of the Section 565.01, F.S., to be served a requirement under Section 120.542(2), F.S., or how such variance supporting the proposed arrangement is subject to Rule 61A-3.054, F.A.C. Furthermore, pursuant to variance requirements set forth by Section 120.542(2), F.S., Petitioner fails to demonstrate how it would incur substantial hardship. Petitioner adequately alleges that it undergoes the hardship normally resulting from owning a business, but fails to allege, demonstrate “substantial hardship” as required by subsection 120.542(2), F.A.C.

A copy of the Order or additional information 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.