G B of Jacksonville v. State

Full title: G B OF JACKSONVILLE, INC., D/B/A CLIMAX, PETITIONER, v. STATE OF FLORIDA…

Court: District Court of Appeal of Florida, First District

Date published: Feb 26, 1979

382 So. 2d 1227 (Fla. Dist. Ct. App. 1979)

Opinion

No. GG-308.

February 26, 1979.

Petition for review from the District Court of Appeal, Mitchell, Henry Clay, Jr., Associate Judge.

Harry Katz, Jr., of Katz Katz, Jacksonville, for petitioner.

Dennis E. LaRosa, Tallahassee, for respondent.

MITCHELL, HENRY CLAY, Jr., Associate Judge.

G B seeks review of an order of the Division of Beverage finding that one of G B's employees violated Section 798.02, Florida Statutes (1977), thereby violating Section 561.29, Florida Statutes (1977), and suspending G B's liquor license. We reverse.

There is no competent substantial evidence in the record establishing knowledge on the part of the licensee or any responsible officer or employee thereof of the alleged unlawful conduct of the employees. See Woodbury v. State Beverage Department, 219 So.2d 47 (Fla. 1st DCA 1969).

Accordingly, we reverse with directions to the Director of the Division of Beverage, Department of Business Regulation, to rescind the revocation of petitioner's license.

MILLS, Acting C.J., concurs.

SMITH, J., dissents.

SMITH, Judge, dissenting.

I would affirm. G B of Jacksonville, Inc. v. State of Florida, Department of Business Regulation, Division of Beverage, 371 So.2d 138 (Fla. 1st DCA 1979).