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ABC FINE WINE v. DEP'T OF BUSINESS

No. 1D20-4.

323 So.3d 794 (2021)

ABC FINE WINE AND SPIRITS, Florida Independent Spirits Association, and Publix Supermarkets, Appellants, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Walmart Inc., Wal-Mart Stores East, L.P., and Target Corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 19, 2021.

Attorney(s) appearing for the Case

William D. Hall of Dean Mead & Dunbar, Tallahassee, for Appellants.

Joseph Yauger Whealdon, III , Chief Legal Counsel for the Department of Business and Professional Regulation, Tallahassee, for Appellee.

Elliot H. Scherker , Brigid F. Cech Samole , and Katherine M. Clemente of Greenberg Traurig, P.A., Miami, for Appellees Walmart Inc. and Wal-Mart Stores East, L.P.

William N. Spicola of William Spicola PA, Tallahassee, for Appellees Target Corporation and Walmart Inc.

Appellants challenge a final order declaring proposed Florida Administrative Code Rule 61A-3.055 (the proposed rule) invalid. The proposed rule attempts to define items "customarily sold in a restaurant" as that term is used in section 565.045, Florida Statutes, for the purpose of issuing Consumption of Premises (COP) liquor licenses...

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