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 Club Madonna, DS 2011-021 on January 31, 2011. The following is a summary of the agency's declination of the petition:
Based upon the facts set out in the submitted Petition for Declaratory Statement, Petitioner’s proposed business model falls under the statutory definition of a bottle club, and without the appropriate alcoholic beverage license, is not valid under Florida law. Furthermore, pursuant to Section 562.121, Florida Statutes, it is unlawful for any person to operate a bottle club without the appropriate alcoholic beverage license, and any person convicted thereof is guilty of a misdemeanor of the second degree, punishable as provided in Sections 775.082 and 775.083, Florida Statutes. This conclusion is based on the facts described in the Petitioner’s Petition for Declaratory Statement and legal research by the Division. Accordingly, this conclusion has no application in the event that the factual circumstances and/or relationships among the entities described herein are incorrect or change.
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.