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MOREY'S LOUNGE v. STATE, DEPT. OF BUS.

No. 95-0156.

673 So.2d 538 (1996)

MOREY'S LOUNGE, INC., d/b/a Morey's Lounge, Appellant, v. STATE of Florida, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, and State of Florida, Department of Management Services, Division of Administrative Hearings, Appellees.

District Court of Appeal of Florida, Fourth District.

May 8, 1996.

Attorney(s) appearing for the Case

Craig A. Boudreau, West Palm Beach, for appellant.

Kathryn L. Kasprzak and Richard D. Courtemanche, Jr., Assistant General Counsel, Department of Business and Professional Regulation, Tallahassee, for appellee—Department of Business and Professional Regulation.

MAY, MELANIE G., Associate Judge.

This appeal challenges the constitutionality of section 561.29(1)(a), Florida Statutes (1993), under the void for vagueness doctrine and allegations of arbitrary enforcement by the Department of Business and Professional Regulation.

Appellant, Morey's Lounge, filed a complaint for declaratory and injunctive relief in response to the scheduling of an administrative hearing to impose penalties against Morey's for allowing employees...

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