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G & B of Jacksonville, Inc. v. State, Department of Business Regulation, Division of Beverage

G & B OF JACKSONVILLE, INC., d/b/a Out of Sight v. STATE of Florida, DEPARTMENT OF BUSINESS REGULATION, DIVISION OF BEVERAGE

G & B of Jacksonville, Inc. v. State, Dep't of Bus. Regulation, Div. of Beverage, 366 So. 2d 877 (Fla. Dist. Ct. App. 1979)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
February 2, 1979
Docket
No. GG-304
Judges
Mason, Melvin, Mills
Citations
366 So. 2d 8771979 Fla. App. LEXIS 14154
Cited by 7

Opinion of the Court — Mason

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MASON, (Circuit Judge, Retired) Associate Judge:

We reverse. In so doing we hold that the order of the respondent agency is not supported by competent substantial evidence. Especially is this true as to knowledge on the part of the licensee. We find that the record herein is completely void as to any knowledge on the part of the licensee or of any responsible officer or employee thereof as to the employee’s alleged violation of the law by offering to commit or engage in prostitution with a patron as charged. Before a beverage license may be suspended or revoked it must be found by competent substantial evidence that the licensee was culpably responsible for the al *878 leged violation as a result of its own negligence, intentional wrongdoing or lack of diligence. There is no competent substantial evidence in this case proving that the alleged violation occurred as a result of such fault on the part of the licensee. See Woodbury v. State Beverage Department, 219 So.2d 47 (Fla. 1st DCA 1969). We note that the licensee was charged with but one single violation by an employee. There is no evidence that such activity was persistent or recurring. See Pauline v. Lee, 147 So.2d 359, at p. 364 (Fla. 2d DCA 1962).

Reversed, and the order of the agency herein suspending the licensee’s license is set aside and revoked.

MILLS, Acting C. J., and MELVIN, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →
1979: 21982: 11985: 31992: 119792026peak 1985 · 3

Relies on it most ⓘ

  1. Lash, Inc. v. STATE, DEPT. OF BUSINESS REG.411 So. 2d 276 (Fla. Dist. Ct. App. 1982)
  2. Pic N'Save v. Dept. of Business Reg.601 So. 2d 245 (Fla. Dist. Ct. App. 1992)
  3. Wheeler v. State472 So. 2d 847 (Fla. Dist. Ct. App. 1985)
  4. Rico's of the Berkshires, Inc. v. Alcoholic Beverages Control Commission477 N.E.2d 174 (Mass. App. Ct. 1985)
  5. Simmons v. Department of Business Regulation, Division of Alcoholic Beverages & Tobacco465 So. 2d 578 (Fla. Dist. Ct. App. 1985)
  6. G & B of Jacksonville, Inc. v. State, Department of Business Regulation, Division of Beverage375 So. 2d 1083 (Fla. Dist. Ct. App. 1979)

Most recent

  1. Pic N'Save v. Dept. of Business Reg.601 So. 2d 245 (Fla. Dist. Ct. App. 1992)
  2. Wheeler v. State472 So. 2d 847 (Fla. Dist. Ct. App. 1985)
  3. Rico's of the Berkshires, Inc. v. Alcoholic Beverages Control Commission477 N.E.2d 174 (Mass. App. Ct. 1985)
  4. Simmons v. Department of Business Regulation, Division of Alcoholic Beverages & Tobacco465 So. 2d 578 (Fla. Dist. Ct. App. 1985)
  5. Lash, Inc. v. STATE, DEPT. OF BUSINESS REG.411 So. 2d 276 (Fla. Dist. Ct. App. 1982)
  6. G & B of Jacksonville, Inc. v. State, Department of Business Regulation, Division of Beverage375 So. 2d 1083 (Fla. Dist. Ct. App. 1979)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Pauline v. Lee, 147 So. 2d 359 (Fla. Dist. Ct. App. 1962) 54
Woodbury v. State Beverage Dep't, 219 So. 2d 47 (Fla. Dist. Ct. App. 1969) 9

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