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JAX LIQUORS, INC. v. DIVISION OF ALCOHOLIC, ETC.

No. TT-290.

388 So.2d 1306 (1980)

JAX LIQUORS, INC., Appellant, v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS Regulation, and Beer Industry of Florida, Inc., Appellees.

District Court of Appeal of Florida, First District.

October 7, 1980.

Attorney(s) appearing for the Case

Theodore L. Tripp, Jr. of Simon, Schindler & Tripp, P.A., Miami, for appellant.

Harold F.X. Purnell, Tallahassee, for appellee Dept. of Business Regulation.

Lee L. Willis, C. Gary Williams and Michael Glazer of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for appellee Beer Industry.

Ronald R. Richmond, New Port Richey, amicus curiae.

ROBERT P. SMITH, Jr., Judge.

We affirm the order of the DOAH hearing officer sustaining Rule 7A-4.13 of the Division of Alcoholic Beverages and Tobacco against appellant's Section 120.56 challenge that (1) the Rule exercises regulatory powers not granted the Division by the Tied House Evil statute, Section 561.42, Florida Statutes (1979) and that (2) the statute, if construed to authorize the Rule, unconstitutionally discriminates against beer wholesalers and retailers...

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