People Against Section 561.501, Inc. v. Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

KAHN, Judge.

This case presents a challenge to the constitutionality of sections 87, 88 and 89 of Chapter 90-132, Laws of Florida, subsequently codified as § 561.501, Florida Statutes (1990 Supp.). Appellants, consisting of several corporations holding retail alcoholic beverage licenses, denominated pursuant to Rules 7A-1.008, Florida Administrative Code, as consumption on premises (COP) licenses, as well as two other interest groups, take issue with the following language of the legislative enactment:

Notwithstanding s. 561.50 or any other provision of the Beverage Law, a surcharge of 10 cents…