Surf Cafe, Inc. v. Department of Business & Professional Regulation, Division of Alcoholic Beverages & Tobacco

District Court of Appeal of Florida

Surf Cafe, Inc. v. Department of Business & Professional Regulation, Division of Alcoholic Beverages & Tobacco

705 So. 2d 1074, 1998 Fla. App. LEXIS 1831, 1998 WL 75054

CourtDistrict Court of Appeal of Florida

DecidedFebruary 25, 1998

DocketNo. 97-2459

StatusPublished

This text of 705 So. 2d 1074 (Surf Cafe, Inc. v. Department of Business & Professional Regulation, 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.

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Surf Cafe, Inc. v. Department of Business & Professional Regulation, Division of Alcoholic Beverages & Tobacco, 705 So. 2d 1074, 1998 Fla. App. LEXIS 1831, 1998 WL 75054 (Fla. Ct. App. 1998).

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Opinion

FARMER, Judge.

The issue in this case is identical to the one we have decided in Silver Show, Inc. v. Dep’t of Bus. & Prof. Reg., 706 So.2d 386 (Fla. 4th DCA 1998). The respondent attempts to distinguish this case from Silver Show because the temporary license in that case resulted from an application to transfer existing permanent licenses, while the temporary license in this case resulted from an application for a new license. Because the licensing statutes do not distinguish between temporary licenses on that basis, we reach the same conclusion in this case. The temporary license in question remains valid and has not expired pending the entry of a final order after the formal hearing requested by the applicant.

STONE, C.J., and WARNER, J., concur.

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FARMER, Judge.

The issue in this case is identical to the one we have decided in Silver Show, Inc. v. Dep’t of Bus. & Prof. Reg., 706 So.2d 386 (Fla. 4th DCA 1998). The respondent attempts to distinguish this case from Silver Show because the temporary license in that case resulted from an application to transfer existing permanent licenses, while the temporary license in this case resulted from an application for a new license. Because the licensing statutes do not distinguish between temporary licenses on that basis, we reach the same conclusion in this case. The temporary license in question remains valid and has not expired pending the entry of a final order after the formal hearing requested by the applicant.

STONE, C.J., and WARNER, J., concur.

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705 So. 2d 1074, 1998 Fla. App. LEXIS 1831, 1998 WL 75054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/surf-cafe-inc-v-department-of-business-professional-regulation-fladistctapp-1998.

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