561.19 License issuance upon approval of division.—
(1) Upon the completion of the investigation of an application, the division shall approve or disapprove the application. If approved, the license shall be issued upon payment to the division of the license tax hereinafter provided.
(2)(a) When beverage licenses become available by reason of an increase in the population of a county, by reason of a county permitting the sale of intoxicating beverages when such sale had been prohibited, or by reason of the cancellation or revocation of a quota beverage license, the division, if there are more applicants than the number of available licenses, shall provide a method of double random selection by public drawing to determine which applicants shall be considered for issuance of licenses. The double random selection drawing method shall allow each applicant whose application is complete and does not disclose on its face any matter rendering the applicant ineligible an equal opportunity of obtaining an available license. After all applications are filed with the director, the director shall then determine by random selection drawing the order in which each applicant’s name shall be matched with a number selected by random drawing, and that number shall determine the order in which the applicant will be considered for a license. This paragraph does not prohibit a person holding a perfected lien or security interest in a quota alcoholic beverage license, in accordance with s. 561.65, from enforcing the lien or security interest against the license within 180 days after a final order of revocation or suspension. A revoked quota alcoholic beverage license encumbered by a lien or security interest, perfected pursuant to s. 561.65, may not be issued under this subsection until the 180-day period has elapsed or until such enforcement proceeding is final.
(b) Any portion of the drawing results of a particular county which reveals the rank order of persons not receiving notice of selection is confidential and exempt from the provisions of s. 119.07(1), until such time as all of the licenses from that county’s drawing have been issued.
(c) Subject to this selection process, an applicant shall, after a drawing is held, have 45 days from the date the division mails the notice of selection to file an application on forms provided by the division and if such applicant is found by the division to be qualified, a license shall be issued. The application shall be filed pursuant to s. 561.17, and the license shall be issued upon the payment of the applicable license fees. If the applicant is not prepared to use the license at a business location, the license shall be held in an inactive status by the division, and the licensee shall be required to activate the license at a location in accordance with s. 561.29. Nothing contained herein, however, shall prohibit the division from revoking a license issued to a person, firm, or corporation that would not qualify for the issuance of a new license or the transfer of an existing license.
(d) The director shall not include more than one application from any one person, firm, or corporation in the random selection process, nor may she or he consider more than one application for any one person, firm, or corporation when there are fewer applications than available licenses.
(e) Each applicant for inclusion in the drawing shall pay to the division a filing fee of $100.
(3) In the event that the number of applications does not exceed the number of licenses available, the drawing provided in subsection (2) shall not be held, but the licenses shall be issued in accordance with the provisions of subsection (2).
(4) The issuance of licenses pursuant to subsection (2) or subsection (3) shall not be governed by the provisions of s. 120.60. The issuance of any such license shall occur no later than 180 days after a drawing is held pursuant to notice published in the Florida Administrative Register or, in the event no drawing is held, within 180 days of the final date for filing applications. Any applicant who is not included in the pool for drawing to determine priority shall file, within 30 days of the date of mailing of notice to such applicant, a challenge to such action pursuant to ss. 120.569 and 120.57, or the right to file any action as to such matter shall be forever lost. Any applicant whose name is included in the pool for drawing to determine priority but who is not issued a license shall be entitled to request a hearing on the denial pursuant to ss. 120.569 and 120.57 only on the grounds that the selection process was not conducted in accordance with law or that the licensee selected does not possess the qualifications required by law.
(5) A fee of $10,750 shall be collected from each person, firm, or corporation that is issued a new liquor license subject to the limitation imposed in s. 561.20(1) as provided in this section. This initial license fee shall not be imposed on any license renewal and shall be in addition to the license fees imposed by s. 565.02. The revenues collected from the initial license fee imposed by this subsection shall be deposited in the Department of Children and Families’ Operations and Maintenance Trust Fund to be used only for alcohol and drug abuse education, treatment, and prevention programs.
(6) The state license tax shall be collected by the division, and the division shall return the county and municipal share pursuant to s. 561.342 to the appropriate county and municipality monthly on or before the 10th day of the month succeeding the beginning of the taxable year and quarterly thereafter.
...ication shall be set forth in the application. Section 561.18, F.S.A., provides that the application shall be made to the Tax Collector and then the same shall be filed with the Director of the State Beverage Department. The Beverage Director, under Section 561.19, has the power to approve or disapprove the application. If the same is approved, then his endorsement of approval under Section 561.19 is entered on the application and by him forwarded to the Tax Collector of the county of origin....
...ed and a transfer of the license to the purchaser may be obtained, provided the application of the purchaser is approved by the Director. The purchaser is required in the application for a license to comply with the provisions of Sections 561.18 and 561.19, supra....
...Section 561.33, F.S.A., provides that a licensee may move his place of business to a new place or change the location thereof by making application to the Tax Collector and thereafter obtain the consent and approval of the Director of the Beverage Department, as provided for in Sections 561.18 and 561.19, supra....
Cited 6 times | Published | Supreme Court of Florida
...It is urged by the appellant that the petition and the alternative writ based thereon orders him to perform an act not within his powers but exclusively within the power of the Tax Collector of the County. Insofar as the approval of an application and the issuance of a license, F.S. Section 561.19, F.S.A....
...may obtain a transfer of such license to the purchaser of said business, provided the application of the purchaser shall be approved by the director of the beverage department in accord with the same procedure provided for in §§ 561.17, 561.18 and 561.19 of the beverage law, in the case of issuance of new licenses; * * *." (Italics supplied.) Solomon was the original licensee, and assuming that he made a bona fide sale of a part of the business to Campbell, it then became the duty of the Beverage Director to approve the application for the new owners as provided for in F.S. Sections 561.17, 561.18 and 561.19, F.S.A....
...the definition of those persons described in Sections 561.15 and 561.16, then said application must be denied. Section 561.18 makes it the duty of the Tax Collector to file with the State Beverage Director the aforesaid application or applications. Section 561.19 makes it the duty of the Beverage Director to either approve or disapprove all applications for licenses to sell alcoholic beverages....
...When a licensee shall have made a bona fide sale of the business which he is so licensed to operate, *865 he may obtain a transfer of such license to the purchaser of such business: provided the application of the purchaser shall be approved by the Director in accordance with the provisions of Sections 561.18 and 561.19; provided further that no one shall be entitled, as a matter of right, to a transfer of a license when revocation or suspension proceedings have been instituted against a licensee, and transfer of a license in any such case shall be within the discretion of the Director....
Cited 2 times | Published | Florida 1st District Court of Appeal | 1991 WL 5006
...er business location. The standard of review when determining whether the disapproval of a quota liquor license was proper when based on the Division's interpretation of a rule is whether the action is arbitrary, capricious or not in compliance with Section 561.19, Florida Statutes (1987). Meridian, Inc. v. Department of Health and Rehabilitative Services, 548 So.2d 1169 (Fla. 1st DCA 1989). Section 561.19(2) provides in pertinent part: [I]f an applicant is found qualified as provided by the Beverage Law, a license shall be granted....
...of the date of their selection. Failure to file an application within such 45-day period shall be deemed a waiver of the applicant's right to file for a quota liquor license. The appellant, Martin County Liquors, Inc., asserts that the above quoted Section 561.19(2) mandates a three-step process for issuing quota liquor licenses: the initial application is filed, the applicant qualifies at which time a license shall be *175 granted, and the business premises is approved at which time the license shall be issued. The appellant's argument is that the license should be granted as soon as the applicant qualifies which would still enable the DABT to grant or deny the license within 180 days required pursuant to Section 561.19(4) and issue the license after the business location has been approved....
...The order denying the transfer was based on a finding that petitioner was not qualified to hold such a license by reason of Section 561.15(1), Florida Statutes, F.S.A., which provides that licenses shall be issued only to persons of good moral character. A hearing was held pursuant to Section 561.19(2), Florida Statutes, F.S.A., upon petitioner’s request and testimony was presented by both sides touching on the question of petitioner’s moral character....
Cited 1 times | Published | Florida 1st District Court of Appeal | 1998 WL 161269
...In December 1996, appellees instituted two separate actions pursuant to section 215.26, Florida Statutes (1995), against the Division of Alcoholic Beverages and Tobacco within the Department of Business and Professional Regulation (hereinafter the division) for refunds of statutory fees paid, pursuant to section 561.19(5), Florida Statutes, for new alcoholic beverage licenses in Leon County....
...The challenge was in no way based on the use of the money or any other area in which DCFS has any special expertise. In January 1997, DCFS sought to intervene in the two actions brought by appellees against the division on grounds that, as trustee of the trust fund referenced in section 561.19(5), it owned the disputed funds and was, therefore, the real party in interest in this litigation even though the division had originally collected the disputed funds....
...Board of Trustees of the Internal Improvement Trust Fund, 707 So.2d 841 (Fla. 5th DCA 1998). DCFS argues that the trial court erred by denying its motion to intervene, on three bases: (1) DCFS will lose substantial operating funds if appellees prevail; (2) DCFS' interpretation of section 561.19(5) diverges from that of DBPR; and (3) the case of Department of Educ....
...the litigation in the absence of any party representing the state's interest. We find no abuse of discretion in this case; the trial court's decision to deny intervention is affirmed. JOANOS, J., and SMITH, LARRY G., Senior Judge, concur. NOTES [1] Section 561.19(5), Florida Statutes (1995) provides: A fee of $10,750 shall be collected from each person, firm, or corporation that is issued a new liquor license subject to the limitation imposed in s....
...See ch. 96-403, §§ 5, 8 and 29, Laws of Fla. The Alcohol, Drug Abuse, and Mental Health Program Office of the former Department of Health and Rehabilitative Services, which had apparently been responsible for administering the trust fund referenced in section 561.19(5), became an entity of the Department of Children and Family Services when it was created....
...nd a license for the sale of alcoholic beverages. Section 561.18 of the Beverage Law authorizes DABT to investigate the qualifications of an applicant and the location sought to be licensed. Upon completion of its investigation, DABT is obligated by section 561.19 to approve or disapprove of the application. See Dade County v. Overstreet, 59 So.2d 862, 865 (Fla.1952). Consistent with sections 561.18 and 561.19, section 561.29(1) empowers DABT to suspend or revoke a license....
...This is an appeal from a final order of the Department of Business Regulation denying appellants a Section 120.57 hearing. We reverse and remand for a hearing. Appellants sought to obtain a liquor license through the lottery process conducted by the Division of Alcoholic Beverages and Tobacco pursuant to the provisions of Section 561.19, Florida Statutes (1981)....
...; (2) applicant Jones was directly or indirectly interested with another applicant, Joseph Allen Williams, in the proposed business; and (3) applicant Passaretti did not have a properly zoned location for her business when her application was filed. Section 561.19(4) provides, in pertinent part: (4) * * * Any applicant whose name is included in the pool for drawing to determine priority but who is not granted a license shall be entitled to request a hearing on the denial pursuant to s....
...license was sought and because of the similar claim directed at the applications of Jones and Williams. The question is whether these allegations, if true, establish that the selection process was not conducted in accordance with the applicable law. Section 561.19(2), which sets forth the statutory requirements for conducting the *985 random selection process, includes the following requirement: (2) * * * The director shall not include more than one application from any one person, firm or corpo...
...n 561.01(14): (14) “Licensee,” “applicant,” or “person” means an individual, corporation, firm, partnership ... or any such entity having a financial interest, directly or indirectly, in another such entity. We believe that the intent of Section 561.19(2), when read together with Section 561.01(14), is that it is improper to include in the drawing pool separate applications of persons who, directly or indirectly, are financially interested in the other applications....
...made. This is the question which is presented to this Court for decision if and when the merits of the petition for writ of certiorari are reached for determination. Respondent’s motion to dismiss the petition is predicated upon the provisions of Section 561.19(2), Florida Statutes, F.S.A., dealing with the issuance of beverage licenses upon approval of the Director....
as to the qualifications of the applicant. Section 561.19, F.S. provides that after investigation the
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