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Florida Statute 561.29 | Lawyer Caselaw & Research
F.S. 561.29 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 561
BEVERAGE LAW: ADMINISTRATION
View Entire Chapter
F.S. 561.29
561.29 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.

F.S. 561.29 on Google Scholar

F.S. 561.29 on Casetext

Amendments to 561.29


Arrestable Offenses / Crimes under Fla. Stat. 561.29
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 561.29.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BARRI, v. CITY OF DAYTONA BEACH,, 716 F. Supp. 2d 1165 (M.D. Fla. 2010)

. . . See § 561.29(l)(a), Fla. Stat. . . .

LONG ISLAND SAVINGS BANK, FSB, v. UNITED STATES,, 54 Fed. Cl. 607 (Fed. Cl. 2002)

. . . . § 561.29, Conway is considered an ‘“affiliated person’ of an insured institution” because Conway was . . . the CEO of LISB, see 12 C.F.R. § 561.29(a). . . . it was a business organization in which Conway, LISB’s CEO, was a general partner, see 12 C.F.R. § 561.29 . . . in connection with any business or transaction of an insured depository institution. . 12 C.F.R. § 561.29 . . .

PARROT HEADS, INC. d b a v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 741 So. 2d 1231 (Fla. Dist. Ct. App. 1999)

. . . credit with such bank with which to pay the same upon presentation, contrary to Section 832.05, within 561.29 . . . Under section 561.29(l)(a), Florida Statutes, the Division has the authority to suspend or revoke the . . .

SILVER SHOW INC. v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION OF STATE OF FLORIDA, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 763 So. 2d 348 (Fla. Dist. Ct. App. 1998)

. . . Compare §§ 120.60(l)-(3) and 561.17, with §§ 120.60(5)-(6) and 561.29, Fla. Stat. (1997). . . .

MOREY S LOUNGE, INC. d b a s v. STATE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 673 So. 2d 538 (Fla. Dist. Ct. App. 1996)

. . . This appeal challenges the constitutionality of section 561.29(l)(a), Florida Statutes (1993), under . . . Section 561.29(l)(a) provides: The division is given full power and authority to revoke or suspend the . . . There is no question that section 561.29(l)(a) is penal in nature as it authorizes revocation of Morey . . .

RESOLUTION TRUST CORPORATION, v. J. DEAN,, 854 F. Supp. 626 (D. Ariz. 1994)

. . . . § 561.29 (1983); 12 C.F.R. § 563.41(b) (1979); 12 C.F.R. § 563.41(c)(ii) (1979); 12 C.F.R. § 536.17 . . .

PIC N SAVE CENTRAL FLORIDA, INC. d b a N v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 601 So. 2d 245 (Fla. Dist. Ct. App. 1992)

. . . Although the statutory language in section 561.29(1) has since 1957 spoken in terms of the Division’s . . . The second district upheld the license revocation, stating: A literal reading of [section 561.29(1), . . . In view of these cases, we do not construe Section 561.29(1)(a), Florida Statutes (1959), F.S.A., as . . . employees have violated state laws regarding the sale, service, or consumption of alcoholic beverages. § 561.29 . . . Ch. 561-562, Fla.Stat.), not to exceed $1,000 for violations arising out of a single transaction. § 561.29 . . .

PINACOTECA CORPORATION, d b a v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 580 So. 2d 881 (Fla. Dist. Ct. App. 1991)

. . . Sections 561.29(l)(a) and (c), Florida Statutes (1989), provide in pertinent part that an alcoholic beverage . . .

McKESSON CORPORATION v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS REGULATION OF FLORIDA,, 496 U.S. 18 (U.S. 1990)

. . . In addition, the Division may revoke, § 561.29(l)(a), or decline to renew, § 561.24(5), a distributor . . .

BAJRANGI, d b a v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 561 So. 2d 410 (Fla. Dist. Ct. App. 1990)

. . . A range of penalties is available in sections 561.29(1) and (3), Florida Statutes, and the recommendation . . .

FREEZE, v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 556 So. 2d 1204 (Fla. Dist. Ct. App. 1990)

. . . by persons using, keeping or selling controlled substances contrary to sections 823.01, 823.10, and 561.29 . . . GOSHORN, J., dissents with opinion. . § 893.13(2)(a)(5), Fla.Stat. (1985). . §§ 823.01, 823.10, 561.29 . . .

R. REDNER, v. STATE, 532 So. 2d 8 (Fla. Dist. Ct. App. 1988)

. . . Petitioner contends that since section 561.29(6), Florida Statutes (1981), grants an automatic 15-day . . . Although the 1981 version and the current codification of section 561.29(6) provide for an automatic . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO v. MORA ARISTIDES,, 31 Fla. Supp. 2d 235 (Fla. Div. Admin. Hearings 1988)

. . . Section 561.29(1), Florida Statutes, authorizes DABT to revoke or suspend a beverage license upon a showing . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO v. ROGERS d b a CIRCUIT BAR, 21 Fla. Supp. 2d 267 (Fla. Div. Admin. Hearings 1985)

. . . substances, thereby constituting the maintenance of a public nuisance in violation of Sections 823.10 and 561.29 . . . substances or which were used for the keeping of such substances contrary to Section 893.13(2)(a)(5) and 561.29 . . . Section 561.29, Florida Statutes (1983), contains the following relevant provisions: (1) The division . . . keeping or selling them in violation of Chapter 893, thereby violating Sections 893.13(2)(a)(5) and 561.29 . . . Respondent also is culpably responsible for those violations under Section 561.29(l)(a), Florida Statutes . . .

SURF ATTRACTIONS, INC. d b a v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 480 So. 2d 1354 (Fla. Dist. Ct. App. 1985)

. . . (1), Florida Statutes (1983) and that the licensee was therefore subject to sanctions under section 561.29 . . . erred in imposing a strict liability standard on the licensee in penalizing it pursuant to section 561.29 . . . Schott and its pro-gency is applicable to imposition of fines by the agency under section 561.29(3). . . . Is that interpretation properly extended to imposition of fines pursuant to section 561.29(3)? . . . Schott was necessary to sustain section 561.29(l)(a) against constitutional attack. . . . State Beverage Department, 119 So.2d 735 (Fla. 1st DCA 1960), involved only a construction of Section 561.29 . . .

G. G. P. INC. a v. DIVISION OF ALCOHOLIC BEVERAGES TOBACCO,, 479 So. 2d 797 (Fla. Dist. Ct. App. 1985)

. . . his conclusions of law he recited the power of DABT to suspend or revoke a beverage license (Section 561.29 . . . (1)(a), (b), and (e)) and to impose a civil penalty (Section 561.29(3)) for a violation of Chapter 561 . . . criteria of Section 561.20(2)(a)3., which failure entitled DABT to revoke appellant’s license pursuant to 561.29 . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO v. PERRY d b a PERRY S PACKAGE STORE, 19 Fla. Supp. 2d 171 (Fla. Div. Admin. Hearings 1985)

. . . premises and implicitly alleges the Respondent’s culpable responsibility for the violations under Section 561.29 . . . Section 561.29, Florida Statutes (1983), contains the following relevant provisions: (1) The division . . . Section 561.29(l)(a), Florida Statutes (1983), also prohibits a licensee from “permitting another [i.e . . . A literal reading of those statutes, like 561.29(1)(a), “would indicate that a liquor licensee is under . . . But, like Section 561.29(1)(a), those statutes must be read to require proof of culpable responsibility . . .

HEIFETZ, d b a v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES TOBACCO,, 475 So. 2d 1277 (Fla. Dist. Ct. App. 1985)

. . . beverage laws, by and through your agent, servant or employee, Lori Ann Hart, did violate Florida Statute 561.29 . . . the beverage laws, by and through your agent, servant or employee, Linda, did violate Florida Statute 561.29 . . . Florida Statute 823.10 and Florida Statute 561.29(l)(c); b. . . . Florida Statute 823.01 and Florida Statute 561.29(l)(a). . § 120.57, Fla.Stat. (1983). . . . . Section 561.29(l)(a), provides: (1) The division is given full power and authority to revoke or suspend . . .

W. WHEELER, v. STATE, 472 So. 2d 847 (Fla. Dist. Ct. App. 1985)

. . . contend that the statute before us should be interpreted in a manner similar to that placed upon Section 561.29 . . .

OLHAUSEN d a v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES TOBACCO,, 472 So. 2d 514 (Fla. Dist. Ct. App. 1985)

. . . Section 561.29(l)(a), Florida Statutes, authorizes the Division of Alcoholic Beverages and Tobacco to . . . licensee, sold the controlled substance known as cocaine on the licensed premises in violation of Sections 561.29 . . .

FRESH START, INC. d b a v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 469 So. 2d 244 (Fla. Dist. Ct. App. 1985)

. . . State, Department of Business Regulation, 411 So.2d 276 (Fla. 3d DCA 1982); § 561.29(1)(a) and § 120.68 . . .

SIMMONS J. L. d b a v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 465 So. 2d 578 (Fla. Dist. Ct. App. 1985)

. . . Count 2 alleged that appellants, through their employees, violated section 561.29(l)(a), Florida Statutes . . . The other 9 counts alleged, and the hearing officer found, single-date violations of section 561.29(l . . . Under section 561.29(1), the Division may revoke or suspend a beverage license upon sufficient cause . . . The two grounds involved in this case are section 561.29(l)(c), maintaining a nuisance on the licensed . . . Although a literal reading of section 561.29(l)(a) would seem to indicate that a license could be revoked . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO v. HICKS d b a SANDSPUR SALOON, 12 Fla. Supp. 2d 199 (Fla. Div. Admin. Hearings 1985)

. . . against the alcoholic beverage license of respondent Clarece Hicks d/b/a Sandspur Saloon under Section 561.29 . . . undercover capacity for the Santa Rosa County Sheriffs Office, in violation of F.S. 812.019 within F.S. 561.29 . . . undercover capacity for the Santa Rosa County Sheriffs Office, in violation of F.S. 812.019 within F.S. 561.29 . . . undercover capacity for the Santa Rosa County Sheriffs Office, in violation of F.S. 812.019 within F.S. 561.29 . . . Section 561.29(l)(a), Florida Statutes (1983), states in pertinent part: (1) The Division is given full . . .

CHARLOTTE COUNTY LODGE, v. STATE DEPARTMENT OF BUSINESS REGULATIONS, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 463 So. 2d 1208 (Fla. Dist. Ct. App. 1985)

. . . served upon appellant a show cause order on March 18, 1983, alleging appellant’s violation of Section 561.29 . . . concluded, the evidence presented failed to establish that a violation of Chapter 849, and hence Section 561.29 . . . As previously noted, appellant was charged with violating Section 561.29(l)(a), Florida Statutes (1981 . . . is generally true that a holder of a beverage license may suffer revocation by the DBR under Section 561.29 . . . officer, that appellant was guilty of “simple negligence” which would constitute a violation of Section 561.29 . . .

VILLAGE SALOON, INC. d b a v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS REGULATION, P. S. R. INVESTMENTS, INC. d b a v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS REGULATION,, 463 So. 2d 278 (Fla. Dist. Ct. App. 1984)

. . . The Division filed charges against each appellant pursuant to section 561.29, Florida Statutes, alleging . . .

STATE OF FLORIDA, DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO v. CLUB INC., 7 Fla. Supp. 2d 176 (Fla. Div. Admin. Hearings 1984)

. . . licensed premises, while on duty, in violation of Florida Statute 893.13(l)(a) within Florida Statute 561.29 . . . licensed premises, while on duty, in violation of Florida Statute 893.13(l)(a), within Florida Statute 561.29 . . . licensed premises, while on duty, in violation of Florida Statute 893.13(l)(a), within Florida Statute 561.29 . . . licensed premises, while on duty, in violation of Florida Statute 893.13(l)(a), within Florida Statute 561.29 . . . under the Beverage Laws, your servant, agent, or employee, to wit: Don did violate Florida Statute 561.29 . . .

EASTERN AIR LINES, INC. v. HILLSBOROUGH COUNTY AVIATION AUTHORITY,, 454 So. 2d 1076 (Fla. Dist. Ct. App. 1984)

. . . Consistent with sections 561.18 and 561.19, section 561.29(1) empowers DABT to suspend or revoke a license . . .

JONES, t a v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 448 So. 2d 1109 (Fla. Dist. Ct. App. 1984)

. . . Section 561.29(1)(a), which the licensee is charged as having violated, provides: Violation by.the licensee . . . Neither § 561.29(1)(a), nor the case law cited in the recommended order supports a finding that Jones . . . There being no competent substantial evidence that the licensee was guilty of violating either § 561.29 . . . (l)(a) or § 561.29(l)(c), Fla.Stat., the order revoking Jones’s license is reversed and the cause is . . .

GERVAIS, d b a v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 438 So. 2d 90 (Fla. Dist. Ct. App. 1983)

. . . Pursuant to section 561.29 and section 120.60(7), Florida Statutes (1981), the Division entered its order . . .

LASH, INC. v. STATE DEPARTMENT OF BUSINESS REGULATION,, 411 So. 2d 276 (Fla. Dist. Ct. App. 1982)

. . . Florida Statute 561.29(1) grants the Division authority to revoke or suspend a beverage license when . . . evidence found sufficient to support a thirty-day suspension is, under the applicable statute [Sec. 561.29 . . . can be no doubt that Florida law expressly prohibits possession, use and sale of drugs, and Section 561.29 . . .

NW, INC. d b a v. DIVISION OF ALCOHOLIC BEVERAGE AND TOBACCO OF DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGE AND TOBACCO OF DEPARTMENT OF BUSINESS REGULATION, v. NW, INC. d b a, 410 So. 2d 967 (Fla. Dist. Ct. App. 1982)

. . . Beverages & Tobacco, Department of Business Regulation, State of Florida (Division), pursuant to Sections 561.29 . . .

CORPORATION, d b a v. DIVISION OF ALCOHOLIC BEVERAGE AND TOBACCO OF DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS REGULATION, v. CORPORATION, d b a, 410 So. 2d 539 (Fla. Dist. Ct. App. 1982)

. . . Beverages & Tobacco, Department of Business Regulation/State of Florida (Division), pursuant to Sections 561.29 . . .

CELLERMASTER WINES, INC. Ho, v. R. CHASTAIN,, 530 F. Supp. 714 (S.D. Fla. 1982)

. . . of state statutes authorizing inspections and searches to enforce beverage tax laws, see §§ 561.07, 561.29 . . .

PROGRESSIVE INVESTORS ASSOCIATION, INC. v. J. SHINGLES,, 405 So. 2d 276 (Fla. Dist. Ct. App. 1981)

. . . See § 561.29, Florida Statutes (1979). . . .

GOLDEN DOLPHIN NO. INC. t a v. STATE DIVISION OF ALCOHOLIC BEVERAGES TOBACCO,, 403 So. 2d 1372 (Fla. Dist. Ct. App. 1981)

. . . statutes of Florida, thereby placing the Golden Dolphin’s beverage license in jeopardy pursuant to section 561.29 . . .

AURORA ENTERPRISES, INC. a d b a v. STATE DEPARTMENT OF BUSINESS REGULATION, A., 395 So. 2d 604 (Fla. Dist. Ct. App. 1981)

. . . may say, however, that there is no discernible merit in the petitioner’s various claims (a) that Sec. 561.29 . . .

MIAMI- DADE WATER SEWER AUTHORITY, v. CORMIO, SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, v. ROLLINS,, 388 So. 2d 1238 (Fla. Dist. Ct. App. 1979)

. . . 1973); in the district court of the district where the disciplined liquor dealer did business, Section 561.29 . . .

S. BACH, D. D. S. R. D. H. v. FLORIDA STATE BOARD OF DENTISTRY,, 378 So. 2d 34 (Fla. Dist. Ct. App. 1979)

. . . Section 561.29(l)(a) authorizes the Division of Alcoholic Beverages and Tobacco to revoke or suspend . . . The provisions of Section 466.38 and 561.29 are markedly different and must be construed differently. . . . Section 466.38 — unlike 561.29 — requires as a precondition to the suspension of a dentist’s license . . .

G B OF JACKSONVILLE, INC. d b a v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF BEVERAGE,, 382 So. 2d 1227 (Fla. Dist. Ct. App. 1979)

. . . one of G & B’s employees violated Section 798.02, Florida Statutes (1977), thereby violating Section 561.29 . . .

G B OF JACKSONVILLE, INC. d b a v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF BEVERAGE,, 371 So. 2d 137 (Fla. Dist. Ct. App. 1979)

. . . , servants or employees violated Section 798.02, Florida Statutes (1977), thereby violating Section 561.29 . . . Section 561.29 gives the Division authority to suspend a beverage license when the Division finds upon . . .

G B OF JACKSONVILLE, INC. d b a Of v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF BEVERAGE,, 371 So. 2d 139 (Fla. Dist. Ct. App. 1979)

. . . , servants or employees violated Section 798.02, Florida Statutes (1977), thereby violating Section 561.29 . . . Section 561.29 gives the Division authority to suspend a beverage license when the Division finds upon . . .

G B OF JACKSONVILLE, INC. d b a v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF BEVERAGE,, 362 So. 2d 959 (Fla. Dist. Ct. App. 1978)

. . . petition for review pursuant to Chapter 120, Florida Statutes, the Administrative Procedure Act, and F.S. 561.29 . . .

G B OF JACKSONVILLE, INC. d b a Of v. STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF BEVERAGE,, 362 So. 2d 951 (Fla. Dist. Ct. App. 1978)

. . . petition for review pursuant to Chapter 120, Florida Statutes, the Administrative Procedure Act, and F.S. 561.29 . . . F.S. 561.29 provides, inter alia, that the Division of Alcoholic Beverages and Tobacco is given full . . . F.S. 561.29(3) further provides: “ * * * If a hearing is required, the licensee shall be entitled to . . . The size of the penalties, the maximum allowed by F.S. 561.29(4), together with statements made by the . . .

CORPORATION, s III, v. DIVISION OF BEVERAGE,, 371 So. 2d 1032 (Fla. Dist. Ct. App. 1978)

. . . and 561.11, Florida Statutes (1977), quoted in the majority opinion, and more particularly in Section 561.29 . . . invalidating this rule as without legislative authority, notwithstanding its relationship to Section 561.29 . . .

BELK- JAMES, INC. a v. A. NUZUM,, 358 So. 2d 174 (Fla. 1978)

. . . See, for example, §§ 561.29 (license revocation), 562.32 (criminal penalties), 562.28 (seizure), and . . .

HARVEY, d b a Hi v. A NUZUM,, 345 So. 2d 1106 (Fla. Dist. Ct. App. 1977)

. . . adjudicated guilty of same, and such conduct was grounds for revoking his license pursuant to Section 561.29 . . . convicted of a felony in Case No. 74-730, in Marion County, Florida,"in violation of Florida Statutes 561.29 . . .

STATE DEPARTMENT OF GENERAL SERVICES v. C. WILLIS, R. Co., 344 So. 2d 580 (Fla. Dist. Ct. App. 1977)

. . . Although support for the court’s action was found in § 561.29, Fla.Stat. (1973), a special statute pertaining . . .

ROBBIE S YUM YUM TREE WEST, INC. v. DIVISION OF BEVERAGE, DEPARTMENT OF BUSINESS REGULATION,, 330 So. 2d 743 (Fla. Dist. Ct. App. 1976)

. . . Director were pursuant' to Chapter 120, Florida Statutes 1973 (the old Administrative Procedure Act) and § 561.29 . . . charged and found to have employed said Robert Llewellyn, a convicted felon in violation of Sections 561.29 . . .

STREET, INC. d b a v. BOARD OF BUSINESS REGULATION, DIVISION OF BEVERAGE OF DEPARTMENT OF BUSINESS REGULATION,, 330 So. 2d 821 (Fla. Dist. Ct. App. 1976)

. . . Supreme Court in its Treasure, Inc. decision discussed the power of the beverage director under F.S. 561.29 . . . F.S. 561.29 was amended in 1969 so that the Division of Beverage rather than the beverage director now . . .

CENTRAL FLORIDA DISTRIBUTING COMPANY, v. JACKSON, B., 324 So. 2d 143 (Fla. Dist. Ct. App. 1975)

. . . Under the provisions of Section 561.29(4), Florida Statutes, the Division could have assessed a civil . . .

DEEP SOUTH PLANTATION FOODS, INC. a v. W. WYNNE,, 317 So. 2d 131 (Fla. Dist. Ct. App. 1975)

. . . authority for the revocation of an alcoholic beverage license is found in Florida Statutes, Section 561.29 . . . of petitioner’s licenses was based on-the violation of the provisions of Florida Statutes, Section 561.29 . . . convicted of a misdemeanor under state law would be subject to revocation under Florida Statutes, Section 561.29 . . . In construing Florida Statutes, Section 561.29(1) (b) as we do the end result is logical and comports . . .

W. ALEXANDER, d b a s v. DEPARTMENT OF BUSINESS REGULATION,, 308 So. 2d 26 (Fla. 1975)

. . . Section 561.29(7) (b), Florida Statutes, provides: “Application to the court for relief from an order . . .

HUBER DISTRIBUTING COMPANY, INC. a Co. a v. NATIONAL DISTRIBUTING COMPANY, INC. a, 307 So. 2d 176 (Fla. 1974)

. . . monopolistic practices stood as grounds for immediate revocation of any beverage license under Section 561.29 . . .

CHARBONIER Jr. v. W. WYNNE,, 282 So. 2d 171 (Fla. Dist. Ct. App. 1973)

. . . Section 561.29(5), (6), Fla.Stat.1971, F. . . . compel the full knockdown, drag-out quasi-judicial proceeding contemplated by the provisions of Section 561.29 . . . . § 561.29, F.S.A., whereby it may suspend or revoke the license of any licensee violating any laws of . . . Under F.S. § 561.29(5) & (6), F.S.A., an alternative revocation procedure is available to the beverage . . . the A.P.A., have rather closely followed the method of review set out in the beverage law in F.S. §§ 561.29 . . . They have sought review before the Board of Business Regulation as set out in F.S. § 561.29(7) (a), F.S.A . . . F.S. § 561.29, F.S. . . .

T. I. COLLINS, d b a v. STATE BEVERAGE DEPARTMENT A. R., 239 So. 2d 613 (Fla. Dist. Ct. App. 1970)

. . . obscene magazine entitled “Foxy-Lady” for the price of $5.00, in violation of Sections 847.011(1) and 561.29 . . . the said date he was in possession of certain obscene materials in violation of Sections 847.011 and 561.29 . . .

TREASURE, INC. d b a v. STATE BEVERAGE DEPARTMENT TREASURE, INC. d b a v. STATE BEVERAGE DEPARTMENT, 238 So. 2d 580 (Fla. 1970)

. . . Section 561.29 sets forth the power and authority of the Beverage Director in connection with revocation . . .

J. H. TAYLOR Y. d b a v. STATE BEVERAGE DEPARTMENT, 194 So. 2d 321 (Fla. Dist. Ct. App. 1967)

. . . hearing before the Director, said : “At a hearing held by the beverage director pursuant to Section 561.29 . . . Section 561.29(1) (a) F.S.A., viz: “(1) The director is given full power and authority to revoke or suspend . . . Sec. 561.29, F.S.A.; F.S. § 120.31, F.S.A.; Art. 5, Sec. 5(3), Fla.Const., F.S.A. . F.S. . . .

M. C. BIDDLE E. d b a v. STATE BEVERAGE DEPARTMENT, 187 So. 2d 65 (Fla. Dist. Ct. App. 1966)

. . . . § 561.29(3) is limited to the beverage director and cannot be delegated. . . . comprehensive and lengthy step-by-step procedure to be followed in such instances is found in F.S.A. § 561.29 . . . The part of the statute under direct consideration is found in F.S.A. § 561.29(3) which provides: “Before . . . . § 561.29(4). . . .

H. GUTHERY, v. STATE BEVERAGE DEPARTMENT, 179 So. 2d 628 (Fla. Dist. Ct. App. 1965)

. . . A petition for certiorari was filed, as provided for in Section 561.29(7), Florida Statutes, F.S.A., . . .

TORCH CLUB, INC. a v. B. KEATING,, 174 So. 2d 746 (Fla. Dist. Ct. App. 1965)

. . . petition for writ of certiorari has been filed by Torch Club, Inc., a corporation, pursuant to Section 561.29 . . . or assignation with one of the agents of the Beverage Department in violation of Sections 796.07 and 561.29 . . .

E. KEATING, v. STATE AUSEBEL,, 173 So. 2d 673 (Fla. 1965)

. . . . — When a license is revoked by the director under the authority granted in § 561.29, it shall be within . . . Where a beverage license is revoked by the Director pursuant to' F.S. § 561.29, F.S.A., covering a landlord . . .

B. KEATING, v. STATE AUSEBEL, s, 167 So. 2d 46 (Fla. Dist. Ct. App. 1964)

. . . “The power of the Director to issue post-final revocation orders must he found, if at all, in F.S. 561.29 . . .

PAULINE, s L. v. B. KEATING,, 162 So. 2d 660 (Fla. 1964)

. . . dismissing a bill of complaint in which the plaintiffs challenged the constitutionality of Florida Statute § 561.29 . . . this court whether or not in his decision he passed upon the constitutionality of Florida Statute § 561.29 . . .

DAMAR CORPORATION, a v. E. LEE, Jr., 155 So. 2d 655 (Fla. Dist. Ct. App. 1963)

. . . Section 561.29, Florida Statutes, F.S.A., provides with respect to revocation and ■suspension of license . . .

RONTA, INC. a v. CITY OF FORT LAUDERDALE, a W. Jr. E., 153 So. 2d 35 (Fla. Dist. Ct. App. 1963)

. . . Maleszewski, 160 Fla. 291, 34 So.2d 436; § 561.29, Fla.Stat., F.S.A. . . .

DeJORIS, v. STATE BEVERAGE DEPARTMENT, 145 So. 2d 562 (Fla. Dist. Ct. App. 1962)

. . . . § 561.29 Fla.Stat., F.S.A. . . .

PAULINE, d b a s v. E. LEE, Jr., 147 So. 2d 359 (Fla. Dist. Ct. App. 1962)

. . . On April 13, 1961, pursuant to Section 561.29, Florida Statutes (1959), F.S.A., the Director of the State . . . place for the purpose of lewdness, assignation or prostitution, in violation of Sections 796.07 and 561.29 . . . , to commit or engage in prostitution, lewdness or assignation, in violation of Sections 796.07 and 561.29 . . . Section 561.29 F.S.A. provides as follows: “‘(1) The director is given full power and authority to revoke . . . In view of these cases, we do not construe Section 561.29(1) (a), Florida Statutes (1959), F.S.A., as . . .

FIVE O CLOCK CLUB v. STATE BEVERAGE DEPARTMENT,, 18 Fla. Supp. 28 (Dade Cty. Cir. Ct. 1961)

. . . The petitioner then, pursuant to provisions of §561.29, Florida Statutes, requested a hearing before . . . justified in revoking petitioner’s license had the respondent proceeded legally in accordance with §561.29 . . . He is, therefore, a creature of statute and has only such powers as the statute confers on him. §561.29 . . . As material here, §561.29 (3) provides — “Before the director shall revoke or suspend the license of . . . It is not without force to note that §561.29 requires a licensee to request a hearing within ten days . . .

BERMAN, v. CITY OF MIAMI,, 17 Fla. Supp. 72 (Dade Cty. Cir. Ct. 1960)

. . . It appears that under FSA 561.29 (1) (a) & (c) the municipality might seek a revocation by the state . . .

G. A. CRONE, s v. L. PEEPLES,, 124 So. 2d 876 (Fla. Dist. Ct. App. 1960)

. . . circuit court, of whether the notice to show •cause as given herein to the licensee pursuant to Section 561.29 . . .

TRADER JON, INC. v. STATE BEVERAGE DEPARTMENT H. G. Jr., 119 So. 2d 735 (Fla. Dist. Ct. App. 1960)

. . . . § 561.29, F.S.A., is vested with authority to take such action after, affording the licensee “a fair . . .

MARIAGO INCORPORATED v. STATE BEVERAGE DIRECTOR, 15 Fla. Supp. 140 (Leon Cty. Cir. Ct. 1959)

. . . involved is as follows — “When a'license is revoked by the director under the authority granted in section 561.29 . . .

STATE BEVERAGE DEPARTMENT H. G. Jr. v. ERNAL, INC. a d b a, 115 So. 2d 566 (Fla. Dist. Ct. App. 1959)

. . . Liberty City Amusement Park, was proceeded against by the State Beverage Department of Florida, under § 561.29 . . .

FUTCH v. STATE BEVERAGE DIRECTOR, 13 Fla. Supp. 198 (Volusia Cty. Cir. Ct. 1959)

. . . This case involves the construction of section 562.41, subsections 3 and 4, and section 561.29, Florida . . . Section 561.29 provides in effect that the State Beverage Director may suspend or revoke a license where . . . Section 561.29(1) specifically gives the State Beverage Director power to proceed administratively against . . .

STATE v. ALTMAN,, 106 So. 2d 401 (Fla. 1958)

. . . “An Act Amending Sections 561.05, 561.20, 561.29, 561.32, 561.34, 561.42, 561.43, 561.44, 561.45, 561.47 . . .

GLICKMAN, d b a v. J. D. WILLIAMSON,, 100 So. 2d 655 (Fla. Dist. Ct. App. 1958)

. . . suspension order was reviewed by the circuit court, on common law writ of certiorari under section 561.29 . . . Section 561.29 (3), Fla.Stat., F.S.A., which requires a hearing before the director may revoke or suspend . . .

KLINE v. STATE BEVERAGE DEPARTMENT OF FLORIDA, J. D., 77 So. 2d 872 (Fla. 1955)

. . . Cotton, Fla., 52 So.2d 340, and subsections (1), (3) and (4) of Section 561.29, F.S.A., requiring notice . . .

STATE v. ELLIS, 6 Fla. Supp. 151 (Pinellas Cty. Cir. Ct. 1955)

. . . . §§ 561.01, 561.06, 561.09, 561.29, 561.35, enacted subsequent to the decision in Brown v. . . .

PETERS v. THOMPSON, 68 So. 2d 581 (Fla. 1953)

. . . On August 13, 1951, a notice under Section 561.29(3), Florida Statutes 1951, and F.S.A. was served on . . .

CITY OF HIALEAH v. JUSTINGER, 4 Fla. Supp. 118 (Dade Cty. Cir. Ct. 1953)

. . . Section 561.29, Florida Statutes 1951; Singer, et al v. Scarborough (Fla. 1944), 20 So. 2d 126. . . . confer upon the trial magistrate herein the power to revoke appellant’s beverage license under section 561.29 . . .

CHAUFFEUR S CLUB, v. STATE BEVERAGE DIRECTOR, 3 Fla. Supp. 137 (Dade Cty. Cir. Ct. 1953)

. . . In section 561.29(4), Florida Statutes 1951, it is provided that a beverage licensee may make application . . .

BOYNTON v. STATE, 64 So. 2d 536 (Fla. 1953)

. . . Section 561.29, F.S.A. makes the maintenance of a nuisance or unsanitary premises or permitting disorderly . . . The appellee places great reliance upon Section 561.29, F.S.A. with reference to the revocation or suspension . . . Although Section 561.29, F.S.A. purports to give the director of the Beverage Department full power to . . .

STATE BEVERAGE DEPARTMENT OF FLORIDA JAMES T. VOCELLE, v. J. C. WILLIS,, 159 Fla. 698 (Fla. 1947)

. . . Section 561.29 F.S.A. authorized the direction to revoke a liquor license for violation by any licensee . . .

STATE OF FLORIDA, DAVID J. HOFFMAN, v. JAMES T. VOCELLE,, 159 Fla. 88 (Fla. 1947)

. . . Section 561.29, Fla. . . . Section 7 of Chapter 22663, Acts of 1945, amending Section 561.29, Fla. . . . It is contended that the following provisions of Section 561.29 (FSA), as amended, violates relator’s . . .