Florida District Courts of Appeal, 1979

G & B of Jacksonville, Inc. v. State, Department of Business Regulation, Division of Beverage

Florida District Courts of Appeal · Decided February 26, 1979 · Clay, Mills, Mitchell, Smith

382 So. 2d 1227; 1979 Fla. App. LEXIS 16373 (Southern Reporter, Second Series)

Opinion of the Court

MITCHELL, HENRY CLAY, Jr., Associate Judge.

G & B seeks review of an order of the Division of Beverage finding that one of G & B’s employees violated Section 798.02, Florida Statutes (1977), thereby violating Section 561.29, Florida Statutes (1977), and suspending G & B’s liquor license. We reverse.

There is no competent substantial evidence in the record establishing knowledge on the part of the licensee or any responsible officer or employee thereof of the alleged unlawful conduct of the employees. See Woodbury v. State Beverage Department, 219 So.2d 47 (Fla. 1st DCA 1969).

Accordingly, we reverse with directions to the Director of the Division of Beverage, Department of Business Regulation, to rescind the revocation of petitioner’s license.

MILLS, Acting C. J., concurs. SMITH, J., dissents.

Dissenting Opinion

SMITH,, Judge,

dissenting.

I would affirm. G & B of Jacksonville, Inc. v. State of Florida, Department of Business Regulation, Division of Beverage, 371 So.2d 138 (Fla. 1st DCA 1979).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.