NOTICE IS HEREBY GIVEN that the Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation, State of Florida has declined to rule on the petition for declaratory statement filed by Bottle Club, LLC, Docket Number DS 2011-019 on January 25, 2011. The following is a summary of the agency's declination of the petition:
Petitioner has failed to state with particularity the Petitioner’s relevant set of circumstances, as required in Section 120.565(2), Florida Statutes, specifically with regard to the final judgment on alcoholic special use permit #01-1010, the proposed ownership of each license and the proposed hours of operation. Furthermore, Petitioner has failed to specify the statutory provision(s), agency rule(s), or agency order(s) that Petitioner believes may apply to its set of circumstances, as required in Section 120.565(2), Florida Statutes, and in Rule 28-105.002, Florida Administrative Code. As such, Petitioner has further failed to describe – as required by Rule 28-105.002, Florida Administrative Code – how the aforementioned statutes, rules or orders substantially affect its plan to operate 4-COP and bottle club licenses on the same premises.
A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Agency Clerk, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2217.
Please refer all comments to: Michael Ross, Chief Attorney, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-2202.