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Daniel Johnathon McGinn
Daniel Johnathon McGinn
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Bar #121596(FL)     License for 9 years; Member in Good Standing
Tallahassee FL

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18-006768RX  MB DORAL, LLC, D/B/A MARTINI BAR vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO  (2018)
Division of Administrative Hearings, Florida Filed: Dec. 21, 2018
Whether Florida Administrative Code Rule 61A-4.020 (the Off- Premises Storage Rule or OPS Rule) is an invalid exercise of delegated legislative authority in that it: (a) enlarges, modifies, or contravenes the law implemented; (b) is vague, fails to establish adequate standards for agency decisions, and vests unbridled discretion in the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco (Department or DABT); (c) is arbitrary and capricious; or exceeds DABT’s grant of rulemaking authority, in violation of section 120.52(8), Florida Statutes (2018).Petitioner failed to prove that the challeged parts of the off-premises storage rule were invalid under section 120.52 (8).
18-005116RX  TARGET CORPORATION, TOPGOLF INTERNATIONAL, INC., AND WALMART INC. vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO  (2018)
Division of Administrative Hearings, Florida Filed: Sep. 24, 2018
Does Petitioner, Target Corporation (Target), have standing to bring this rule challenge? Does Petitioner, Walmart, Inc. (Walmart), have standing to bring this rule challenge? Does Intervenor, ABC Fine Wine & Spirits (ABC), have standing to participate in this rule challenge? Does Intervenor, Florida Independent Spirits Association (Independent Spirits), have standing to participate in this rule challenge? Does Intervenor, Publix Supermarkets (Publix), have standing to participate in this rule challenge? Is Florida Administrative Code Rule 61A-3.055 (Restaurant Rule or the rule) an invalid exercise of delegated legislative authority as defined in section 120.52(8), Florida Statutes (2018)?1/Parties’ stipulation for fees and costs adopted.
18-003101  DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs CELTIC MANAGEMENT CONCEPTS, LLC, D/B/A CONNOLLY'S PUB  (2018)
Division of Administrative Hearings, Florida Filed: Jun. 15, 2018
Whether Celtic Management Concepts, LLC, d/b/a Connolly’s Pub (CMC), violated section 561.29(1)(a), Florida Statutes (2017),1/ when it failed to remit proper taxes to the Division of Revenue (DOR); and, if so, the penalty that should be imposed.DBPR proved Respondent violated section 561.29(1)(a), when it failed to remit adequate taxes to the Department of Revenue(DOR); Respondent should be required to comply with the payment plan approved by DOR.

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