On March 11, 2008, Petitioner, DRD of Okeechobee, Inc., d/b/a Shooter’s Billiards, filed a Petition for Relief Under Florida Statute § 120.542 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-2.022: Penalty Guidelines

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 March 11, 2008, Petitioner, DRD of Okeechobee, Inc., d/b/a Shooter’s Billiards, filed a Petition for Relief Under Florida Statute § 120.542 with the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco (“Department”). The Petition requested the waiver of the penalty guidelines for violations of the Beverage Law listed in Rule 61A-2.022, Florida Administrative Code. Petitioner alleged that imposition of the penalty guidelines would create an undue economic hardship as described under Section 120.542(2), Florida Statutes. Petitioner further alleged that imposition of the penalty guidelines against it is inappropriate because the purpose sought to be achieved by the penalty guidelines has already been met. Therefore, Petitioner requested that the Department waive the imposition of the penalty guidelines listed in Florida Administrative Code Rule 61A-2.022, F.A.C., against Petitioner.

The Department published notice of receipt of the Petition with Florida Administrative Weekly on April 4, 2008.

On May 28, 2008, the Department filed an Order Denying Petition for Relief. The Order noted that Rule 61A-2.022, Florida Administrative Code, allows the Director of the Division of Alcoholic Beverages and Tobacco to deviate from the penalty guidelines. The Order concluded that Petitioner’s request did not meet the burden of demonstrating that a variance is required to prevent substantial hardship.

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].