Legal Opinion

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

District Court of Appeal of Florida

Decided February 2, 1979No. GG-304PublishedCited by 7 opinions

1Opinion of the Court

MASON, (Circuit Judge, Retired) Associate Judge:

We reverse. In so doing we hold that the order of the respondent agency is not supported by competent substantial evidence. Especially is this true as to knowledge on the part of the licensee. We find that the record herein is completely void as to any knowledge on the part of the licensee or of any responsible officer or employee thereof as to the employee’s alleged violation of the law by offering to commit or engage in prostitution with a patron as charged. Before a beverage license may be suspended or revoked it must be found by competent…

2Cases cited2 opinions

  1. Pauline v. LeeDistrict Court of Appeal of Florida · 1962
  2. Woodbury v. State Beverage DepartmentDistrict Court of Appeal of Florida · 1969

3Cited by7 opinions

  1. Lash, Inc. v. STATE, DEPT. OF BUSINESS REG.District Court of Appeal of Florida · 1982
  2. Pic N'Save v. Dept. of Business Reg.District Court of Appeal of Florida · 1992
  3. Wheeler v. StateDistrict Court of Appeal of Florida · 1985
  4. Rico's of the Berkshires, Inc. v. Alcoholic Beverages Control CommissionMassachusetts Appeals Court · 1985
  5. Simmons v. Department of Business Regulation, Division of Alcoholic Beverages & TobaccoDistrict Court of Appeal of Florida · 1985

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