Greenspoon Marder Successfully Reverses Ruling To Allow Vendors of Alcoholic Beverages To Store Inventory In A Different County
Apr 27, 2020
Miami, FL – April 28, 2020 – Greenspoon Marder successfully represented MB Doral, LLC, d/b/a Martini Bar, a Miami-Dade County nightclub and food and alcohol beverage catering company, which was refused a permit by Florida’s Division of Alcoholic Beverages & Tobacco to store its alcohol beverage inventory outside Miami-Dade County at large open air events.
The firm initially appealed the denial to The State of Florida’s Division of Administrative Hearings (DOAH), which agreed with the Division of Alcoholic Beverages and Tobacco. Greenspoon Marder attorneys then appealed that decision to the First District Court of Appeal, and persuaded the Court that the long standing Florida Administrative Rule that the Division of Alcoholic Beverages and Tobacco relied upon to deny the permit was invalid, and reversed the ruling of the DOAH administrative judge. Florida Administrative Rule 61A-4.020 had required vendors of alcoholic beverages to store their inventory in the same county that they sell to the public. In a unanimous opinion, the Court held that the challenged Rule “improperly enlarged, modified or contravened” statutory law and could not stand.
“It is no easy task to reverse a DOAH judge and at the same time invalidate a Rule by convincing an appellate court that a requirement that has been part of the beverage law for over 40 years, should never have existed,” said
Louis J. Terminello, Chair of Greenspoon Marder’s Hospitality, Alcohol & Leisure Industry Group.
The Greenspoon Marder team was led by Louis J. Terminello and senior counsel
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