Town of Mangonia Park v. Jones

District Court of Appeal of Florida

Town of Mangonia Park v. Jones

208 So. 2d 143, 1968 Fla. App. LEXIS 5728

CourtDistrict Court of Appeal of Florida

DecidedMarch 19, 1968

DocketNo. 1316

StatusPublished

This text of 208 So. 2d 143 (Town of Mangonia Park v. Jones) 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

Town of Mangonia Park v. Jones, 208 So. 2d 143, 1968 Fla. App. LEXIS 5728 (Fla. Ct. App. 1968).

Pincite

Opinion

PER CURIAM.

This appeal is from the entry of a peremptory writ of mandamus compelling the defendant, Town of Mangonia Park, to cancel five (5) licenses for the sale of alcoholic beverages. Four of the licenses are for the sale of beer and wine only and fall within the classification under F.S. Section 561.34(2), F.S.A.1965. The other license comes within F.S. Sections 561.34 (3)-(8), F.S.A.1965, and permits the sale [144]*144of beverages of any alcoholic content. This latter license clearly falls within the population restrictions of Section 561.20(1) limiting the number of licenses that may be issued within a municipality. Inasmuch as the defendant town has less than 1,251 residents the issuance of such a license to George’s Smokehouse was clearly improper, a fact that defendant now concedes. State ex rel. Village of North Palm Beach v. Cochran, Fla.1959, 112 So.2d 1.

The other four licenses, being for beer and wine only, are not among those limited by population. Their issuance was therefore not improper. To the extent the peremptory writ seeks to compel cancellation of beer and wine licenses it is reversed. As to all other aspects the entry of the writ is affirmed.

Affirmed, in part; reversed in part.

WALDEN, C. J., McCAIN, J., and BARNS, PAUL D., Associate Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This appeal is from the entry of a peremptory writ of mandamus compelling the defendant, Town of Mangonia Park, to cancel five (5) licenses for the sale of alcoholic beverages. Four of the licenses are for the sale of beer and wine only and fall within the classification under F.S. Section 561.34(2), F.S.A.1965. The other license comes within F.S. Sections 561.34 (3)-(8), F.S.A.1965, and permits the sale [144]*144of beverages of any alcoholic content. This latter license clearly falls within the population restrictions of Section 561.20(1) limiting the number of licenses that may be issued within a municipality. Inasmuch as the defendant town has less than 1,251 residents the issuance of such a license to George’s Smokehouse was clearly improper, a fact that defendant now concedes. State ex rel. Village of North Palm Beach v. Cochran, Fla.1959, 112 So.2d 1.

The other four licenses, being for beer and wine only, are not among those limited by population. Their issuance was therefore not improper. To the extent the peremptory writ seeks to compel cancellation of beer and wine licenses it is reversed. As to all other aspects the entry of the writ is affirmed.

Affirmed, in part; reversed in part.

WALDEN, C. J., McCAIN, J., and BARNS, PAUL D., Associate Judge, concur.

Cite This Page — Counsel Stack

Bluebook (online)

208 So. 2d 143, 1968 Fla. App. LEXIS 5728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-mangonia-park-v-jones-fladistctapp-1968.

Opinion

Related

Cite This Page — Counsel Stack