P.R. of Brevard County, Inc. v. Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

Full title: P.R. OF BREVARD COUNTY, INC., D/B/A SHARK LOUNGE, PETITIONER, v…

Court: District Court of Appeal of Florida, Fifth District

Date published: Aug 16, 1984

454 So. 2d 74 (Fla. Dist. Ct. App. 1984)

Opinion

No. 84-907.

August 16, 1984.

Petition for review from the Division of Alcoholic Beverages and Tobacco.

James S. Theriac, III, of Holcomb, Theriac, Amari Roberts, Merritt Island, for petitioner.

William A. Hatch, of the Dept. of Business Regulation, Tallahassee, for respondents.

COBB, Chief Judge.

Petitioner, owner of the Shark Lounge, filed a Petition for Writ of Certiorari seeking review of an emergency order by the Division of Alcoholic Beverages and Tobacco suspending the operation of the bar's liquor license. We treat the petition as an appeal from a non-final administrative order.¹

1 § 120.68(1), Fla. Stat. (1983) and Fla.R.App.P. 9.100.

The order fails to set forth sufficient facts and reasons for the Division's finding of an immediate danger to the public welfare necessitating emergency suspension. By this ruling, we do not pass on the merits of the final revocation proceedings. Accordingly, the emergency order of suspension is reversed.

REVERSED.

FRANK D. UPCHURCH, Jr., J., concurs.

COWART, J., dissents with opinion.

COWART, Judge, dissenting:

The eight sales of controlled substances made by the bartender and bouncer of the licensee over a period of two and a half months constitutes an adequate factual basis for the emergency administrative order suspending the beverage license in this case and that order should be affirmed as was the order in the case of Gervais, d/b/a Stardust Bar v. Division of Alcoholic Beverages and Tobacco, 438 So.2d 90 (Fla. 2d DCA 1983).