G.G.P., Inc. v. Division of Alcoholic Beverages & Tobacco

I agree that the order on appeal should be affirmed for the reasons stated in the majority opinion. Appellant did not dispute that its percentage of food and nonalcoholic beverage sales never exceeded the required 51%, and stipulated to the financial data showing this fact. The sole defense urged by appellant was that it was not guilty of culpable conduct in that its operation of the restaurant was not a subterfuge for the operation of a bar or cocktail lounge with only incidental sales of food. See Department of Business Regulation v. Huddle, 342 So.2d 140 (Fla. 1st DCA 1977). Appellant…