Pure Fresh Enterprises, Inc. v. Department of Business Regulations, Division of Alcoholic Beverages & Tobacco

District Court of Appeal of Florida

Pure Fresh Enterprises, Inc. v. Department of Business Regulations, Division of Alcoholic Beverages & Tobacco

510 So. 2d 1020, 12 Fla. L. Weekly 1769, 1987 Fla. App. LEXIS 9411

CourtDistrict Court of Appeal of Florida

DecidedJuly 17, 1987

DocketNo. 87-0826

StatusPublished

Cited by1 cases

This text of 510 So. 2d 1020 (Pure Fresh Enterprises, Inc. v. Department of Business Regulations, Division of Alcoholic Beverages & Tobacco) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pure Fresh Enterprises, Inc. v. Department of Business Regulations, Division of Alcoholic Beverages & Tobacco, 510 So. 2d 1020, 12 Fla. L. Weekly 1769, 1987 Fla. App. LEXIS 9411 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

Petitioner seeks review of an emergency order suspending an alcoholic beverage license. The order of suspension contains an account of drug sales and activities on the part of petitioner’s employees, discovered through an undercover operation con[1021]*1021ducted by agents of the division. No hearing has been held or sworn testimony taken.

The agency’s emergency order of suspension, entered in compliance with sections 120.54, 120.59 and 120.60, Florida Statutes, contains extensive findings of fact, as well as the conclusion that there was an immediate serious danger to the public health, safety or welfare. It was accompanied by a notice to show cause and a notice advising petitioner of its rights with respect to hearings.

We find no violation of petitioner’s right to a hearing and due process. The emergency order is affirmed and the petition is therefore denied.¹ Cf. Gervais v. Division of Alcoholic Beverages and Tobacco, 438 So.2d 90 (Fla. 2d DCA 1983); Aurora Enterprises, Inc. v. State Department of Business Regulation, 395 So.2d 604 (Fla. 3d DCA 1981).

GLICKSTEIN, DELL and STONE, JJ., concur.

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PER CURIAM.

Petitioner seeks review of an emergency order suspending an alcoholic beverage license. The order of suspension contains an account of drug sales and activities on the part of petitioner’s employees, discovered through an undercover operation con[1021]*1021ducted by agents of the division. No hearing has been held or sworn testimony taken.

The agency’s emergency order of suspension, entered in compliance with sections 120.54, 120.59 and 120.60, Florida Statutes, contains extensive findings of fact, as well as the conclusion that there was an immediate serious danger to the public health, safety or welfare. It was accompanied by a notice to show cause and a notice advising petitioner of its rights with respect to hearings.

We find no violation of petitioner’s right to a hearing and due process. The emergency order is affirmed and the petition is therefore denied.¹ Cf. Gervais v. Division of Alcoholic Beverages and Tobacco, 438 So.2d 90 (Fla. 2d DCA 1983); Aurora Enterprises, Inc. v. State Department of Business Regulation, 395 So.2d 604 (Fla. 3d DCA 1981).

GLICKSTEIN, DELL and STONE, JJ., concur.

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510 So. 2d 1020, 12 Fla. L. Weekly 1769, 1987 Fla. App. LEXIS 9411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pure-fresh-enterprises-inc-v-department-of-business-regulations-fladistctapp-1987.

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