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ABC LIQUORS, INC. v. DEPT. OF BUSINESS REGULATION

No. SS-372.

397 So.2d 696 (1981)

ABC LIQUORS, INC. (STORE NO. 126), Appellant, v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 19, 1981.

Attorney(s) appearing for the Case

James E. Foster of Fishback, Davis, Dominick & Bennett, Orlando, for appellant.

Jim Smith, Atty. Gen., and Harold F.X. Purnell, Asst. Atty. Gen., Tallahassee, for appellee.

ROBERT P. SMITH, Jr., Judge.

At issue here is the meaning of the term "separate locations" as employed in a licensing statute which taxes alcoholic beverage vendors $1,000 extra for having "more than three permanent separate locations serving alcoholic beverages for consumption of the licensed premises." Section 565.02(1)(g), Florida Statutes (1979). On substantial competent evidence a DOAH hearing officer entered a recommended order, adopted by the Division of Alcoholic...

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