(1) The division shall deny any application for a permanent or temporary license when the owners of the real estate have been served a Notice to Show Cause which has not been resolved to prohibit a license from being issued to the location for which a license is being requested.

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Terms Used In Florida Regulations 61A-2.0081

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
    (2) Any action by the division to prohibit the issuance of a license at a location will be based on evidence that the owners of the real estate had knowledge of the violations stated in the Notice to Show Cause served on the licensee operating a licensed premises at the location, and the owners failed to actively pursue any legal action to evict the licensee. The violations occurring at the licensed premises must be a continuing pattern of criminal conduct by the licensee, employees, patrons, or visitors.
    (3) Any final order issued by the division to the property owner will clearly state the date on which the location will be qualified for an alcoholic beverage license pursuant to Section 561.58, Florida Statutes, and shall not exceed 2 years from the succeeding license renewal date as fixed by the division following the revocation of the license.
Specific Authority 561.11 FS. Law Implemented Florida Statutes § 561.58. History-New 8-1-93.