CopyCited 22 times | Published | Supreme Court of Florida | 1953 Fla. LEXIS 1199
...The appellee, before the Bar of the Court and in its brief, stated: "There was no search warrant issued for the premises and the officers were proceeding under the statutory authority provided by Section 561.07, Florida Statutes [F.S.A.], which defines the powers and duties of supervisiors of the Beverage Department, and Section 562.03, Florida Statutes [F.S.A.], which provides that the places of business of licensees shall always be subject to inspection and search during business hours by Beverage Department supervisors and also by sheriffs, deupty sheriffs and police officers." Although appellee states the proceedings were under the statutory authority of Section 561.07, F.S.A. and Section 562.03, F.S.A., other sections of the Beverage Law must be construed in connection with the sections above mentioned....
...business." Section
561.29, F.S.A. makes the maintenance of a nuisance or unsanitary premises or permitting disorderly conduct "on the premises where such beverage business *542 is conducted" a reason to revoke or suspend the license of any licensee. Section
562.03, F.S.A....
...ncludes the dining room and dance floor and the kitchen, for business the following Wednesday. A reproduction of the diagram filed in evidence by the State is repeated here. *544 It is the contention of the appellants that Section 561.07, F.S.A. and Section 562.03, F.S.A....
...l save the statute from constitutional infirmity. All sections of the statute, including Section 561.07, F.S.A., vesting powers and authority in the Beverage inspectors and others to inspect and search any place without a search warrant springs from Section 562.03, F.S.A., which reads as follows: "Licensees, by the acceptance of their license, agree that their places of *547 business during business hours shall always be subject to be inspected and searched without search warrant by the supervisors and also by sheriffs, deputy sheriffs and police officers....
...ns as a prerequisite to the issuance of a license to engage in a business which is a privilege. There is no vested right to engage in the business of selling intoxicating beverages. This is a privilege which the State grants upon certain conditions. Section 562.03, F.S.A....
...inion or control over the same. When Section 561.07, F.S.A. provides that the inspectors shall have access to and the right to inspect the premises of all liquor licensees, the "premises" therein mentioned, means the "place of business" mentioned in Section 562.03, F.S.A. The word "premises" cannot and does not enlarge the words "place of business". "Place of business" does include rooms for the storage of alcoholic beverages under a permit as provided for in Section 562.03, F.S.A....
...e Bar. We have searched in vain for any authority in the Beverage Law which authorizes a Beverage inspector to search the person of anyone, and especially, the patrons or customers who may be in the place of business of the licensee. It is true that Section 562.03, F.S.A....
...The appellee contends that, in attempting to detect a nuisance, the beverage officers may inspect and search the licensed place of business, and the persons of all people thereon. A careful examination of the sections relied upon, that is, 561.07 and 562.03, F.S.A. fails to reveal any attempt to vest authority in the beverage officers to do anything more than enforce the Beverage and Cigarette laws. Section 562.03, F.S.A., which requires the licensee to agree that his "place of business" may be searched without a search warrant, has reference only to the Beverage laws....
...This section is confined to "the provisions of the beverage law" and "of examining said beverages" for the purpose of determining whether certain provisions of the Beverage Law have been violated. This section does not enlarge the power of search vested in the officers beyond that provided for in Section 562.03, F.S.A....
