Division of Administrative Hearings, Florida
Filed: Oct. 09, 2014
Did Respondent, El Tucanazo Bar & Grill, Inc. (El Tucanazo), violate section 561.29(1)(j), Florida Statutes (2014),1/ by failing to produce records of all monthly purchases and sales of alcoholic beverages within ten days of a written request for them? (Count 1) Did El Tucanazo violate Florida Administrative Code Rule 61A-3.0141(3)(a) because it did not derive at least 51 percent of its total gross revenue from retail sales of food and non-alcoholic beverages? (Count 2) Did El Tucanazo fail to meet the minimum qualification requirements of section 561.20(2)(a)4. for holding its license by serving intoxicating beverages after food service hours ended? (Count 3) Did El Tucanazo fail to satisfy the requirement of rule 61A-3.0141(3)(d) to discontinue selling alcoholic beverages when service of full course meals had been stopped? (Count 4) Did El Tucanazo violate the requirement of section 561.33(2) that a licensee must give Petitioner, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco (Department), 30 days' written notice of changing the name of the licensed place of business? (Count 5) If any of the violations charged occurred, what is the appropriate penalty?For purposes of liquor sales under special license, premises must be covered. Parking lot sales do not count. Department proved sale of alcohol after food service ended. Lack of clear sales records doesn't prove food sales were not 51% of gross sales.