Division of Alcoholic beverages and tobacco
The Division of Alcoholic Beverages & Tobacco is pleased to provide Declaratory Statements that have been issued by the division. This is provided for the benefit of our customers and as a continuing improvement to our service. These statements makes available for viewing and downloading division declaratory statements issued starting in the year 1995. The index includes the subject area, petitioner name, and the year issued. Select and click on the underlined case name to view or download your selected declaratory statement. This index will be amended as declaratory statements are issued.
Directions for Use: The declaratory statements are in PDF format. Download Adobe Reader to view and print PDF documents.
Regarding interpretation of Title XXXIV §564.08 and §561.42 with regards to the subject of a Winemaker's Dinner. Such an event is usually held at an on-premise licensed facility such as a restaurant, wherein several courses of a meal are prepared specifically to complement particular Wines, which are poured in conjunction with each course as it is served. These events are generally open to the public with reservations required. The wine is purchased by the retailer through customary distribution channels. (3/12/2014)
Bottle Club, LLC d/b/a Eyz Wide Shut II - Whether beverage law prohibits EWS, a Florida corporation holding an alcoholic beverage license and doing business in Hillsbough County, from using the licensed premises of a third party - BYOB Club, Inc. the proposed holder of a bottle club license - as the entrance to its licensed premises (9/25/2013)
Bottle Club, LLC d/b/a Eyz Wide Shut II - Whether beverage law prohibits EWS, a Florida corporation holding an alcoholic beverage license and doing business in Hillsbough County, from using the licensed premises of a third party - BYOB Club, Inc. the proposed holder of a bottle club license - as the entrance to its licensed premises (6/3/2013)
Home Rolled, Inc. - Whether "raw" tobacco leaves, with stem intact, fall within the definition of "tobacco products" and whether they are subject to surcharges set forth within Part II of Chapter 210 (12/12/12)
Jacksonville Kennel Club, Inc., and JGR Services, Inc. - Whether installing certain arcade machines at the facilities would subject their licenses to discipline by the DBPR's Division of Pari-Mutuel Wagering, Division of Alcoholic Beverages and Tobacco, and Division of Hotels and Restaurants (10/26/12)
Astor Post No. 9986 Veterans of Foreign Wars of the United States, Inc. – request for interpretation of 61A-1.0104 regarding consumer sweepstakes, drawings, or contests exception; petition was withdrawn (10/2/2012)
BK Whopper Bar, LLC - Whether Sections 561.22 and/or 561.42(1), Florida Statutes, prohibit BK Whooper Bar, LLC from holding a Florida Alcoholic Beverage License as a retail vendor pursuant to the business structure (3/8/12)
Schnebly Redland’s Winery – Clarification as to whether a winery may hold a license to sell beer, wine or brandy produced at the winery either by the glass, bottle or case directly to consumers on the winery’s premises (1/4/2012)
Astor Post No. 9986 Veterans of Foreign Wars of the United States, Inc. – Clarification as the term “industry member”; Petition for Dec. Statement denied because petitioner failed to state a specific set of circumstances (11/30/2011)
Regency Centers LP – Whether the owner of the shopping center must be disclosed as an interest on its tenant’s beverage license application; Dec Statement denied because the conduct has already occurred (7/7/2011)
Bottle Club LLC d/b/a Eyz Wide Shut II – Whether Florida beverage laws would prohibit Bottle Club LLC from daily ceasing operation of its 4COP and then operating a bottle club license at the same location; insufficient information provided, Dec Statement denied (4/13/2011)
Charles E. Bailes, III d/b/a ABC Fine Wine and Spirits – Whether distributors of distilled spirits may provide in-store servicing of distilled spirits to retail vendors under Section 561.424, Florida Statutes; A declaratory statement is not proper when there is a related proceeding on the same issues (5/11/07)
Universal City Florida Partners and Joseph E. Seagram and Sons, Inc. - Acquisition of interest in MCA, Inc. resulting in out-of-state distiller/supplier having remote interest in an alcoholic beverage vendor's license (4/8/96)