|
|
The 2024 Florida Statutes
(including 2025 Special Session C)
|
|
|
|
|
F.S. 561.29561.29 Revocation and suspension of license; power to subpoena.—(1) The division is given full power and authority to revoke or suspend the license of any person holding a license under the Beverage Law, when it is determined or found by the division upon sufficient cause appearing of:(a) Violation by the licensee or his or her or its agents, officers, servants, or employees, on the licensed premises, or elsewhere while in the scope of employment, of any of the laws of this state or of the United States, or violation of any municipal or county regulation in regard to the hours of sale, service, or consumption of alcoholic beverages or license requirements of special licenses issued under s. 561.20, or engaging in or permitting disorderly conduct on the licensed premises, or permitting another on the licensed premises to violate any of the laws of this state or of the United States. A conviction of the licensee or his or her or its agents, officers, servants, or employees in any criminal court of any violation as set forth in this paragraph shall not be considered in proceedings before the division for suspension or revocation of a license except as permitted by chapter 92 or the rules of evidence. (b) Violation by the licensee or, if a corporation, by any officers thereof, of any laws of this state or any state or territory of the United States. (c) Maintaining a nuisance on the licensed premises. (d) Maintaining licensed premises that are unsanitary or are not approved as sanitary by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation, the Department of Agriculture and Consumer Services, the county board of health, or the Department of Health, whichever has jurisdiction thereof. (e) Violation by the licensee, or, if a corporation, by any officer or stockholder thereof, of any rule or rules promulgated by the division in accordance with the provisions of this chapter or of any law referred to in paragraph (a), or a violation of any such rule or law by any agent, servant, or employee of the licensee on the licensed premises or in the scope of such employment. (f) A determination that a person who is interested directly or indirectly in the license or licensed business authorized to sell spirituous beverages is not qualified. (g) A determination that any person required to be qualified by the division as a condition for the issuance of the license is not qualified. (h) Failure by the holder of any license under s. 561.20(1) to maintain the licensed premises in an active manner in which the licensed premises are open for the bona fide sale of authorized alcoholic beverages during regular business hours of at least 6 hours a day for a period of 120 days or more during any 12-month period commencing 18 months after the acquisition of the license by the licensee, regardless of the date the license was originally issued. Every licensee must notify the division in writing of any period during which his or her license is inactive and place the physical license with the division to be held in an inactive status. This paragraph applies to all annual license periods commencing on or after July 1, 1981, but does not apply to licenses issued after September 30, 1988. The division shall, upon written request of the licensee, grant a one-time written waiver or extension of the requirements of this paragraph for a period not to exceed 12 months. Additionally, the division may, upon written request of the licensee, grant a waiver or extension of the requirements of this paragraph for a period not to exceed 12 months if the licensee demonstrates that:1. The licensed premises has been physically damaged to such an extent that active operation of the business at the premises is impracticable; 2. Construction or remodeling is underway to relocate the license to another location; 3. The licensed premises is prohibited from making sales as the result of an order of a court of competent jurisdiction, or the action or inaction of a governmental entity relating to the permitting, construction, or occupational capacity of the physical location of the licensed premises. (i) Failure of a licensee having a license issued under s. 561.20(1) after September 30, 1988, to maintain the licensed premises in an active manner in which the licensed premises are open for business to the public for the bona fide retail sale of authorized alcoholic beverages during regular and reasonable business hours for at least 8 hours a day for a period of 210 days or more during any 12-month period commencing 6 months after the acquisition of the license by the licensee. It is the intent of this act that for purposes of compliance with this paragraph, a licensee shall operate the licensed premises in a manner so as to maximize sales and tax revenues thereon; this includes maintaining a reasonable inventory of merchandise, including authorized alcoholic beverages, and the use of good business practices to achieve the intent of this law. Any attempt by a licensee to circumvent the intent of this law shall be grounds for revocation or suspension of the alcoholic beverage license. A licensee shall notify the division in writing of any period during which his or her license is inactive and place the physical license with the division to be held in an inactive status. For the purpose of calculating compliance with the requirements of this paragraph, a license that is acquired in a transaction that is not an arm’s length transaction, including transfers from relatives, affiliates, subsidiaries, and other related entities, retains and is subject to the first related transferor’s date of acquisition and related periods of operation. The division shall, upon written request of the licensee, grant a one-time written waiver or extension of the requirements of this paragraph for a period not to exceed 12 months. Additionally, the division may, upon written request of the licensee, grant a waiver or extension of the requirements of this paragraph for a period not to exceed 12 months if the licensee demonstrates that:1. The licensed premises has been physically damaged to such an extent that active operation of the business at the premises is impracticable; 2. Construction or remodeling is underway to relocate the license to another location; 3. The licensed premises has been prohibited from making sales as the result of any order of any court of competent jurisdiction, or any action or inaction of a governmental entity relating to the permitting, construction, or occupational capacity of the physical location of the licensed premises. (j) Failure of any licensee issued a license under s. 561.20(1) to maintain records of all monthly sales and all monthly purchases of alcoholic beverages and to produce such records for inspection by any division employee within 10 days of written request therefor. (k) Failure by the holder of any license issued under the Beverage Law to comply with a stipulation, consent order, or final order. (l) Maintaining a licensed premises that admits a child to an adult live performance in violation of s. 827.11.1. A violation of this paragraph constitutes an immediate, serious danger to the public health, safety, or welfare for the purposes of s. 120.60(6). 2. The division may issue a $5,000 fine for a first violation of this paragraph. 3. The division may issue a $10,000 fine for a second or subsequent violation of this paragraph. (2) The division, or any employee designated by it, shall have the power and authority to examine into the business, books, records, and accounts of any licensee, to issue subpoenas to said licensee or any other person from whom information is desired, and to take depositions of witnesses within or without of the state. The division, or any employee designated by it, may administer oaths and issue subpoenas. The provisions of the civil law of the state in relation to enforcing obedience to a subpoena lawfully issued by a judge or other person duly authorized to issue subpoenas under the laws of the state, to issue subpoenas in civil cases, shall apply to a subpoena issued by the division, or any employee designated by it, as authorized in this section, and may be enforced by writ of attachment to be issued by the division, or any employee designated by it, for such witness to compel him or her to attend before the division, or any employee designated by it, and give his or her testimony and to bring and produce such books, papers, and documents as may be required for examination; and the division, or any employee designated by it, may punish any willful refusal to so appear or give testimony by citation of any witness before the circuit court who shall punish such witness for contempt as in cases of refusal to obey the orders and process of the circuit court. The division may in such cases pay such attendance and mileage fees as are permitted to be paid to witnesses in civil cases appearing before the circuit court. (3) The division may impose a civil penalty against a licensee for any violation mentioned in the Beverage Law, or any rule issued pursuant thereto, not to exceed $1,000 for violations arising out of a single transaction. If the licensee fails to pay the civil penalty, his or her license shall be suspended for such period of time as the division may specify. The funds so collected as civil penalties shall be deposited in the state General Revenue Fund. (4) The division may compromise any alleged violations of the Beverage Law, by accepting from the licensee involved an amount not to exceed $1,000 for violations arising out of a single transaction. All funds so collected are to be deposited in the state General Revenue Fund. (5) The division may suspend the imposition of any penalty conditioned upon terms the division should in its discretion deem appropriate. History.—s. 1, ch. 16774, 1935; CGL 1936 Supp. 4151(227); s. 1A, ch. 19301, 1939; s. 4, ch. 21839, 1943; s. 7, ch. 22663, 1945; s. 3, ch. 23746, 1947; s. 5, ch. 29786, 1955; s. 23, ch. 57-420; s. 5, ch. 61-219; s. 1, ch. 61-397; ss. 16, 19, 35, ch. 69-106; s. 1, ch. 69-267; s. 207, ch. 71-377; s. 1, ch. 72-230; s. 460, ch. 77-147; s. 4, ch. 77-471; s. 9, ch. 78-95; s. 29, ch. 79-4; s. 17, ch. 79-11; s. 8, ch. 81-158; s. 3, ch. 81-166; s. 4, ch. 88-308; s. 2, ch. 89-309; s. 216, ch. 94-218; s. 8, ch. 95-346; s. 845, ch. 97-103; s. 253, ch. 99-8; s. 7, ch. 2000-191; s. 4, ch. 2016-190; s. 3, ch. 2023-94.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 561.29
Total Results: 62
344 So. 2d 580
District Court of Appeal of Florida | Filed: Mar 29, 1977 | Docket: 1517778
Cited 86 times | Published
Although support for the court's action was found in § 561.29, Fla. Stat. (1973), a special statute pertaining
475 So. 2d 1277, 10 Fla. L. Weekly 2142
District Court of Appeal of Florida | Filed: Sep 13, 1985 | Docket: 196375
Cited 76 times | Published
supervision or lack of diligence, in violation of section 561.29(1)(a), Florida Statutes (1983).[3]
*1280 The
187 So. 2d 65
District Court of Appeal of Florida | Filed: May 24, 1966 | Docket: 1768770
Cited 46 times | Published
to issue the notice to show cause under F.S.A. § 561.29(3) is limited to the beverage director and cannot
31 So. 2d 52, 159 Fla. 88, 1947 Fla. LEXIS 689
Supreme Court of Florida | Filed: Jun 10, 1947 | Docket: 3273833
Cited 33 times | Published
directed to the suggestion in prohibition.
Section 561.29, Fla. Stats. 1941, as amended by Section 7
64 So. 2d 536, 1953 Fla. LEXIS 1199
Supreme Court of Florida | Filed: Apr 7, 1953 | Docket: 1388681
Cited 22 times | Published
relating to "the transaction of such business."
Section 561.29, F.S.A. makes the maintenance of a nuisance
378 So. 2d 34
District Court of Appeal of Florida | Filed: Nov 30, 1979 | Docket: 1795312
Cited 17 times | Published
analogy of those cases to the circumstances here.
Section 561.29(1)(a) authorizes the Division of Alcoholic
32 So. 2d 580, 159 Fla. 698, 1947 Fla. LEXIS 939
Supreme Court of Florida | Filed: Nov 21, 1947 | Docket: 3262421
Cited 17 times | Published
quasi-judicial function by a court, board or commission.
Section 561.29 F.S.A. authorized the direction to revoke a
173 So. 2d 673
Supreme Court of Florida | Filed: Mar 31, 1965 | Docket: 1681091
Cited 12 times | Published
by the director under the authority granted in § 561.29, it shall be within the discretion of the director
463 So. 2d 278
District Court of Appeal of Florida | Filed: Dec 3, 1984 | Docket: 1509685
Cited 11 times | Published
charges against each appellant pursuant to section 561.29, Florida Statutes, alleging that on September
345 So. 2d 1106
District Court of Appeal of Florida | Filed: May 20, 1977 | Docket: 1477765
Cited 10 times | Published
grounds for revoking his license pursuant to Section 561.29 of the beverage laws.
A hearing was held by
194 So. 2d 321
District Court of Appeal of Florida | Filed: Jan 27, 1967 | Docket: 1493928
Cited 8 times | Published
hearing held by the beverage director pursuant to Section 561.29 F.S.A., two beverage department agents and
119 So. 2d 735
District Court of Appeal of Florida | Filed: Apr 14, 1960 | Docket: 451373
Cited 8 times | Published
Director of the State Beverage Department who by F.S. § 561.29, F.S.A., is vested with authority to take such
115 So. 2d 566
District Court of Appeal of Florida | Filed: Nov 12, 1959 | Docket: 1506150
Cited 8 times | Published
the State Beverage Department of Florida, under § 561.29, Fla. Stat., F.S.A., for revocation or suspension
77 So. 2d 872
Supreme Court of Florida | Filed: Feb 2, 1955 | Docket: 1764367
Cited 7 times | Published
2d 340, and subsections (1), (3) and (4) of Section 561.29, F.S.A., requiring notice and an opportunity
601 So. 2d 245, 1992 WL 110917
District Court of Appeal of Florida | Filed: May 28, 1992 | Docket: 1305539
Cited 6 times | Published
discipline.
Although the statutory language in section 561.29(1) has since 1957 spoken in terms of the Division's
411 So. 2d 276
District Court of Appeal of Florida | Filed: Mar 16, 1982 | Docket: 1696832
Cited 6 times | Published
competent evidence to support the revocation.
Florida Statute 561.29(1) grants the Division authority to revoke
438 So. 2d 90
District Court of Appeal of Florida | Filed: Sep 7, 1983 | Docket: 1731845
Cited 5 times | Published
affirm the suspension order.[2]
Pursuant to section 561.29 and section 120.60(7), Florida Statutes (1981)
371 So. 2d 139
District Court of Appeal of Florida | Filed: Feb 21, 1979 | Docket: 2574145
Cited 5 times | Published
Florida Statutes (1977), thereby violating Section 561.29, Florida Statutes (1977), and suspending G
371 So. 2d 1032
District Court of Appeal of Florida | Filed: Jul 18, 1978 | Docket: 2412268
Cited 5 times | Published
majority opinion, and more particularly in Section 561.29, which the majority opinion does not mention
147 So. 2d 359
District Court of Appeal of Florida | Filed: Sep 28, 1962 | Docket: 60208516
Cited 4 times | Published
located in Tampa. On April 13, 1961, pursuant to Section 561.29, Florida Statutes (1959), F.S.A., the Director
472 So. 2d 847, 10 Fla. L. Weekly 1715
District Court of Appeal of Florida | Filed: Jul 15, 1985 | Docket: 1764821
Cited 3 times | Published
interpreted in a manner similar to that placed upon Section 561.29(1), Florida Statutes, allowing the Division
362 So. 2d 951, 1978 Fla. App. LEXIS 16632
District Court of Appeal of Florida | Filed: Aug 17, 1978 | Docket: 64566335
Cited 2 times | Published
Statutes, the Administrative Procedure Act, and F.S. 561.29(7), G & B of Jacksonville, Inc. doing business
324 So. 2d 143
District Court of Appeal of Florida | Filed: Dec 3, 1975 | Docket: 1672284
Cited 2 times | Published
heard to complain now.
Under the provisions of Section 561.29(4), Florida Statutes, the Division could have
282 So. 2d 171
District Court of Appeal of Florida | Filed: Aug 15, 1973 | Docket: 1235138
Cited 2 times | Published
of Beverage is permitted two avenues under F.S. § 561.29, F.S.A., whereby it may suspend or revoke the
673 So. 2d 538, 1996 WL 228614
District Court of Appeal of Florida | Filed: May 8, 1996 | Docket: 1246401
Cited 1 times | Published
appeal challenges the constitutionality of section 561.29(1)(a), Florida Statutes (1993), under the void
480 So. 2d 1354
District Court of Appeal of Florida | Filed: Dec 16, 1985 | Docket: 1220600
Cited 1 times | Published
licensee was therefore subject to sanctions under section 561.29(1) and (3). He concluded that since the violation
388 So. 2d 1238
District Court of Appeal of Florida | Filed: Jan 23, 1980 | Docket: 1520953
Cited 1 times | Published
the disciplined liquor dealer did business, Section 561.29(7)(b); and in the circuit court of the circuit
716 F. Supp. 2d 1165, 2010 U.S. Dist. LEXIS 44962, 2010 WL 1851456
District Court, M.D. Florida | Filed: May 7, 2010 | Docket: 2403857
Published
revocation or suspension of a beverage license. See § 561.29(1)(a), Fla. Stat. After the incident at issue
741 So. 2d 1231, 1999 Fla. App. LEXIS 13135, 1999 WL 776089
District Court of Appeal of Florida | Filed: Oct 1, 1999 | Docket: 64791246
Published
drawee; evidence; costs; complaint form.” Under section 561.29(l)(a), Florida Statutes, the Division has the
616 So. 2d 545, 1993 Fla. App. LEXIS 3611, 1993 WL 88655
District Court of Appeal of Florida | Filed: Mar 30, 1993 | Docket: 64695386
Published
for the issuance of a new license. See also, section 561.-29(l)(g). And section 561.15(2) precludes the
Florida Attorney General Reports | Filed: Jan 27, 1989 | Docket: 3256457
Published
Robert A. Butterworth Attorney General
RAB/tjw
1 Section 561.29(1)(a) and (3), F.S.
2 The "Beverage Law" consists
532 So. 2d 8, 13 Fla. L. Weekly 1669, 1988 Fla. App. LEXIS 3022, 1988 WL 72248
District Court of Appeal of Florida | Filed: Jul 13, 1988 | Docket: 64637456
Published
discussion. Petitioner contends that since section 561.29(6), Florida Statutes (1981), grants an automatic
479 So. 2d 797, 10 Fla. L. Weekly 2686, 1985 Fla. App. LEXIS 17195
District Court of Appeal of Florida | Filed: Dec 5, 1985 | Docket: 64616050
Published
license (Section 561.29(1)(a), (b), and (e)) and to impose a civil penalty (Section 561.29(3)) for a
472 So. 2d 514, 10 Fla. L. Weekly 1531, 1985 Fla. App. LEXIS 14917
District Court of Appeal of Florida | Filed: Jun 18, 1985 | Docket: 64613034
Published
proceeding. Section 120.57(1), Florida Statutes.
2. Section 561.29(l)(a), Florida Statutes, authorizes the Division
469 So. 2d 244, 10 Fla. L. Weekly 1352, 1985 Fla. App. LEXIS 14228
District Court of Appeal of Florida | Filed: May 29, 1985 | Docket: 64612157
Published
Lee, 147 So.2d 359, 364 (Fla. 2d DCA 1962); § 561.-29(1)(a), Fla.Stat. (1983).
This court is without
465 So. 2d 578, 10 Fla. L. Weekly 663, 1985 Fla. App. LEXIS 13014
District Court of Appeal of Florida | Filed: Mar 13, 1985 | Docket: 64610690
Published
appellants, through their employees, violated section 561.29(l)(c), Florida Statutes, by maintaining a public
463 So. 2d 1208, 10 Fla. L. Weekly 370, 1985 Fla. App. LEXIS 12342
District Court of Appeal of Florida | Filed: Feb 7, 1985 | Docket: 64610035
Published
18, 1983, alleging appellant’s violation of Section 561.29(l)(a) and Chapter 849, Florida Statutes (1981)
454 So. 2d 1076, 9 Fla. L. Weekly 1920, 1984 Fla. App. LEXIS 14946
District Court of Appeal of Florida | Filed: Sep 5, 1984 | Docket: 64606551
Published
Consistent with sections 561.18 and 561.19, section 561.29(1) empowers DABT to suspend or revoke a license
454 So. 2d 1076, 9 Fla. L. Weekly 1920, 1984 Fla. App. LEXIS 14946
District Court of Appeal of Florida | Filed: Sep 5, 1984 | Docket: 64606551
Published
Consistent with sections 561.18 and 561.19, section 561.29(1) empowers DABT to suspend or revoke a license
448 So. 2d 1109, 1984 Fla. App. LEXIS 12581
District Court of Appeal of Florida | Filed: Mar 30, 1984 | Docket: 64604298
Published
1962), cert. denied, 156 So.2d 389 (Fla.1963). Section 561.29(1)(a), which the licensee is charged as having
405 So. 2d 276, 1981 Fla. App. LEXIS 21457
District Court of Appeal of Florida | Filed: Oct 29, 1981 | Docket: 64585797
Published
penalty if Shingles misused the privilege. See § 561.29, Florida Statutes (1979). In short, we can find
403 So. 2d 1372, 1981 Fla. App. LEXIS 21231
District Court of Appeal of Florida | Filed: Sep 30, 1981 | Docket: 64585194
Published
Dolphin’s beverage license in jeopardy pursuant to section 561.29, Florida Statutes (1977).
The hearing officer
382 So. 2d 1227, 1979 Fla. App. LEXIS 16373
District Court of Appeal of Florida | Filed: Feb 26, 1979 | Docket: 64575770
Published
Florida Statutes (1977), thereby violating Section 561.29, Florida Statutes (1977), and suspending G
371 So. 2d 137, 1979 Fla. App. LEXIS 14178
District Court of Appeal of Florida | Filed: Feb 21, 1979 | Docket: 64570249
Published
Florida Statutes (1977), thereby violating Section 561.29, Florida Statutes (1977), and suspending G
362 So. 2d 959, 1978 Fla. App. LEXIS 16636
District Court of Appeal of Florida | Filed: Aug 30, 1978 | Docket: 64566338
Published
Statutes, the Administrative Procedure Act, and F.S. 561.29(7), G & B of Jacksonville, Inc. d/b/a The Climax
330 So. 2d 743, 1976 Fla. App. LEXIS 15059
District Court of Appeal of Florida | Filed: Apr 28, 1976 | Docket: 64553434
Published
1973 (the old Administrative Procedure Act) and § 561.29, Florida Statutes. Petitioner was charged and
330 So. 2d 821, 1976 Fla. App. LEXIS 15100
District Court of Appeal of Florida | Filed: Apr 20, 1976 | Docket: 64553455
Published
discussed the power of the beverage director under F.S. 561.29 (1967) and held that before a substitute director
317 So. 2d 131, 1975 Fla. App. LEXIS 14146
District Court of Appeal of Florida | Filed: Jul 2, 1975 | Docket: 64548523
Published
beverage license is found in Florida Statutes, Section 561.29(1) (a) and (b) and reads as follows:
(1) The
308 So. 2d 26, 1975 Fla. LEXIS 3712
Supreme Court of Florida | Filed: Jan 29, 1975 | Docket: 64544386
Published
order of the Board of Business Regulation. Section 561.29(7) (b), Florida Statutes, provides:
“Application
307 So. 2d 176, 1974 Fla. LEXIS 4002
Supreme Court of Florida | Filed: Dec 4, 1974 | Docket: 64544033
Published
immediate revocation of any beverage license under Section 561.29, Florida Statutes, and therefore, impaired
238 So. 2d 580, 1970 Fla. LEXIS 2666
Supreme Court of Florida | Filed: Jun 17, 1970 | Docket: 64516294
Published
Director shall be appointed by the Governor. Section 561.29 sets forth the power and authority of the Beverage
179 So. 2d 628, 1965 Fla. App. LEXIS 3805
District Court of Appeal of Florida | Filed: Nov 2, 1965 | Docket: 64494562
Published
for certiorari was filed, as provided for in Section 561.29(7), Florida Statutes, F.S.A., alleging that
174 So. 2d 746, 1965 Fla. App. LEXIS 4121
District Court of Appeal of Florida | Filed: May 12, 1965 | Docket: 64492991
Published
Torch Club, Inc., a corporation, pursuant to Section 561.29(7) (b), Fla. Stat., F.S.A., to review an order
167 So. 2d 46
District Court of Appeal of Florida | Filed: Jul 14, 1964 | Docket: 64490534
Published
revocation orders must he found, if at all, in F.S. 561.29, as this is the only section of Chapter 561 dealing
167 So. 2d 46
District Court of Appeal of Florida | Filed: Jul 14, 1964 | Docket: 64490534
Published
revocation orders must he found, if at all, in F.S. 561.29, as this is the only section of Chapter 561 dealing
162 So. 2d 660, 1964 Fla. LEXIS 2892
Supreme Court of Florida | Filed: Apr 8, 1964 | Docket: 60220604
Published
challenged the constitutionality of Florida Statute § 561.29, F.S.A. An examination of certified copies of
155 So. 2d 655
District Court of Appeal of Florida | Filed: Aug 7, 1963 | Docket: 60214519
Published
fingerprinted in response to those two ■orders.
Section 561.29, Florida Statutes, F.S.A., provides with respect
153 So. 2d 35, 1963 Fla. App. LEXIS 3679
District Court of Appeal of Florida | Filed: May 10, 1963 | Docket: 60212162
Published
Vocelle v. Maleszewski, 160 Fla. 291, 34 So.2d 436; § 561.29, Fla.Stat., F.S.A.
Therefore, for the reasons
145 So. 2d 562
District Court of Appeal of Florida | Filed: Oct 16, 1962 | Docket: 60207380
Published
part and quashed in part.
It is so ordered.
. § 561.29 Fla.Stat., F.S.A.
124 So. 2d 876
District Court of Appeal of Florida | Filed: Dec 1, 1960 | Docket: 60196087
Published
as given herein to the licensee pursuant to Section 561.29(3), Florida Statutes, F.S.A., was sufficient
100 So. 2d 655
District Court of Appeal of Florida | Filed: Jan 30, 1958 | Docket: 60189314
Published
court, on common law writ of certiorari under section 561.29(4), Fla. Stat., F.S.A., where from the nature
68 So. 2d 581, 1953 Fla. LEXIS 1776
Supreme Court of Florida | Filed: Nov 24, 1953 | Docket: 64484896
Published
Department.
On August 13, 1951, a notice under Section 561.29(3), Florida Statutes 1951, and F.S.A. was served
