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PEOPLE AGAINST SECTION 561.501, INC. v. DEPT. OF BUS. REGULATION

No. 91-156.

587 So.2d 644 (1991)

PEOPLE AGAINST SECTION 561.501, INC., Florida Beverage Law Consultants, Inc., Bus Stop at Twenty Second Street, Inc., d/b/a Bus Stop Lounge, Heath-Jo, Inc., d/b/a Winn's Green Olive Restaurant and Fiddlestix's Lounge, Inc., d/b/a Fiddlestix's Appellants, v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellees.

District Court of Appeal of Florida, First District.

October 16, 1991.

Attorney(s) appearing for the Case

Harold F.X. Purnell of Oertel, Hoffman, Fernandez & Cole, Tallahassee, for appellants.

Robert A. Butterworth, Atty. Gen., Keven J. O'Donnell and Eric J. Taylor, Asst. Attys. Gen., Joseph C. Mellichamp, III, Sr. Asst. Atty. Gen., for appellees.

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...

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