Spotlight: AB&T Declaratory Statements

Update (10.1.22): The Division of Alcoholic Beverages and Tobacco recently updated its online database to include declaratory statements from 1982 through today: http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/news-and-notices/#1494272924594-863404a1-75f5.

Original Article (1.1.20): The Spotlight series is intended to provide helpful information about important business and professional licenses issued by the State of Florida. This installation reproduces the state’s current listing of its issued declaratory statements.

The Division of Alcoholic Beverages & Tobacco is pleased to provide Declaratory Statements that have been issued by the division.  This is provided for the benefit of our customers and as a continuing improvement to our service. These statements makes available for viewing and downloading division declaratory statements issued starting in the year 1995. The index includes the subject area, petitioner name, and the year issued. Select and click on the underlined case name to view or download your selected declaratory statement. This index will be amended as declaratory statements are issued. 

Directions for Use: The declaratory statements are in PDF format. Download Adobe Reader to view and print PDF documents.

• Regarding interpretation of Title XXXIV §564.08 and §561.42 with regards to the subject of a Winemaker’s Dinner. Such an event is usually held at an on-premise licensed facility such as a restaurant, wherein several courses of a meal are prepared specifically to complement particular Wines, which are poured in conjunction with each course as it is served. These events are generally open to the public with reservations required. The wine is purchased by the retailer through customary distribution channels. (3/12/2014)

• Bottle Club, LLC d/b/a Eyz Wide Shut II – Whether beverage law prohibits EWS, a Florida corporation holding an alcoholic beverage license and doing business in Hillsborough County, from using the licensed premises of a third party – BYOB Club, Inc. the proposed holder of a bottle club license – as the entrance to its licensed premises (9/25/2013)

• Bottle Club, LLC d/b/a Eyz Wide Shut II – Whether beverage law prohibits EWS, a Florida corporation holding an alcoholic beverage license and doing business in Hillsborough County, from using the licensed premises of a third party – BYOB Club, Inc. the proposed holder of a bottle club license – as the entrance to its licensed premises (6/3/2013)

• Home Rolled, Inc. – Whether “raw” tobacco leaves, with stem intact, fall within the definition of “tobacco products” and whether they are subject to surcharges set forth within Part II of Chapter 210 (12/12/12)

• Jacksonville Kennel Club, Inc., and JGR Services, Inc. – Whether installing certain arcade machines at the facilities would subject their licenses to discipline by the DBPR’s Division of Pari-Mutuel Wagering, Division of Alcoholic Beverages and Tobacco, and Division of Hotels and Restaurants (10/26/12)

• Astor Post No. 9986 Veterans of Foreign Wars of the United States, Inc. – request for interpretation of 61A-1.0104 regarding consumer sweepstakes, drawings, or contests exception; petition was withdrawn (10/2/2012)

• Astor Post No. 9986 Veterans of Foreign Wars of the United States, Inc. – Clarification as to whether a licensee may rent equipment, property from “industry members” (5/7/2012)

• BK Whopper Bar, LLC – Whether Sections 561.22 and/or 561.42(1), Florida Statutes, prohibit BK Whooper Bar, LLC from holding a Florida Alcoholic Beverage License as a retail vendor pursuant to the business structure (3/8/12)

• Schnebly Redland’s Winery – Clarification as to whether a winery may hold a license to sell beer, wine or brandy produced at the winery either by the glass, bottle or case directly to consumers on the winery’s premises (1/4/2012)

• Astor Post No. 9986 Veterans of Foreign Wars of the United States, Inc. – Clarification as the term “industry member”; Petition for Dec. Statement denied because petitioner failed to state a specific set of circumstances (11/30/2011)

• Regency Centers LP – Whether the owner of the shopping center must be disclosed as an interest on its tenant’s beverage license application; Dec Statement denied because the conduct has already occurred (7/7/2011)

• Wawa, Inc. – Whether beverage license may be issued without fingerprints and personal information of trustees and beneficiaries holding greater than 0.5% interest in the corporation (5/6/2011)

• Club Madonna – Allowing consumption of alcoholic beverages at a club without a beverage license (5/5/2011)

• Bottle Club LLC d/b/a Eyz Wide Shut II – Whether Florida beverage laws would prohibit Bottle Club LLC from daily ceasing operation of its 4COP and then operating a bottle club license at the same location; insufficient information provided, Dec Statement denied (4/13/2011)

• Tantus Tobacco Holdings LLC – Petition for Dec. Statement denied because TTH’s failed to give circumstances or specific statute or rule for which the dec. statement was sought (4/13/2011)

• Display Points Group, Inc. – Whether Display Points Group, Inc. business model (digital table tents) is in violation of Florida beverage laws (1/7/2011)

• Gulf Distributing Company of Mobile, LLC- Clarification if secured parking area is considered part of licensed branch warehouse premises (7/26/10)

• Harbour Village Golf & Yacht Club Community Services Association – Issuance of 11C retail beverage license vs 11GC retail beverage license. (7/19/10)

• Groves Community Development District – Eligibility for on-premises consumption only (4COPSCX) liquor license by a civic center (6/15/10)

• Glenn Schaeffer – Petitioner with financial investments in certain entities (8/5/09)

• Charles E. Bailes, III d/b/a ABC Fine Wine and Spirits – Whether distributors of distilled spirits may provide in-store servicing of distilled spirits to retail vendors under Section 561.424, Florida Statutes; A declaratory statement is not proper when there is a related proceeding on the same issues (5/11/07)

• ABC Fine Wine & Spirits – In-store servicing of distilled spirits to retail vendors (5/11/07)

• Havana Club Enterprises, LLC -Request for exemption to The Florida Clean Indoor Air Act for cigar room after dining hours (1/19/06)

• Circle K Stores – Sale of advertising space on multiple digital signage screens (11/8/05)

• Midway Lounge c/o Morgan Howard – Price discrimination by providing some vendors with a discount on malt beverages based on physical structure of license holder’s premises.  (10/17/05)

• ABC Liquors, Inc. – Split case charges to different vendors and prohibition of accepting discounts or waivers on charges assessed. (4/21/04)

• Southern Wine & Spirits of America, Inc. – Prohibited gifts or loans of money or property by a manufacturer or distributor to a vendor (7/21/03)

• Superior Liquors, Inc. – Prohibiting licensed vendors from delivering alcoholic beverages to consumers by common carrier (4/2/03)

• Windsor Vineyards, Interventor – Prohibiting licensed vendors from delivering alcoholic beverages to consumers by common carrier (1/2/03)

• Brew-On-Premises / Home Winemaker’s Center – Manufacturers license for businesses who teach individuals to make beer and wine for personal consumption (6/19/02)

• Angostura Holdings, Ltd. – Financial interest between manufacturer or distributer and licensed vendor (7/20/01)

• Fitzpatrick Enterprises, Inc. – Regulation of “Cosmic Jelly” (3/29/01)

• The Great House of Wine, Inc. – Licensed wine distributors – branch offices/warehouse space/consolidated inventory/bonded warehouse (1/7/99)

• Bass, PLC – Foreign malt beverage manufacturer request for additional licenses (7/15/98)

• Friday’s Hospitality Worldwide, Inc. – Vendors business name from trademark – Jack Daniel’s Grill (3/24/98)

• Sega Gameworks LLC – Whether Sections 561.22 and 561.42, Florida Statutes apply to the connection among Seagram, USI, and Gameworks by reason of Seagram’s ownership interest USI (4/17/97)

• Universal City Florida Partners and Joseph E. Seagram and Sons, Inc. – Acquisition of interest in MCA, Inc. resulting in out-of-state distiller/supplier having remote interest in an alcoholic beverage vendor’s license (4/8/96)

• Salvatore A. Italiano – Financial interest of manufacturer requesting issuance of alcoholic beverage license (9/22/95)

---

Please note that this page is made available by the law firm for educational purposes only, and that it is not intended to provide specific legal advice. Visiting this page does not create an attorney-client relationship between you and the firm.

---