Operating a business that sells Alcoholic Beverages in Florida comes with numerous regulations and compliance obligations. The Florida Department of Business and Professional Regulation (DBPR), through its Division of Alcoholic Beverages and Tobacco (ABT), oversees these businesses to ensure adherence to state laws. One of the most commonly cited statutes is Florida Statute 562.12(1)(a), which addresses the possession and sale of alcoholic beverages without a license. If you have received an Administrative Complaint under this statute, it is essential to understand the implications and how to respond effectively.
At Elevate Legal Services, PLLC, we understand how intimidating it can be to face an Administrative Complaint from the DBPR or the Board of Alcoholic Beverages and Tobacco. Our experienced legal team, based in Boca Raton, Florida, focuses on defending businesses against DBPR violations and guiding clients through administrative law hearings. Contact us today at 561-770-3335 or via email at [email protected] to schedule a consultation and protect your business’s future.
Understanding F.S. 562.12(1)(a)
Florida Statute 562.12(1)(a) makes it unlawful for any person to own, possess, or sell alcoholic beverages without the proper license or permit. This statute is enforced by the Division of Alcoholic Beverages and Tobacco, which actively monitors businesses to ensure compliance.
The statute reads:
“It is unlawful for any person to own or possess, or to sell or offer any alcoholic beverage unless all taxes have been paid thereon and unless the person has complied with the provisions of the Beverage Law and has in her or his possession a license or permit issued under the Beverage Law.”
In simpler terms, if you are selling or even holding alcoholic beverages for sale without a valid license, you violate this law.
Administrative Complaints under F.S. 562.12(1)(a) can arise from various situations, including:
- Selling alcohol without obtaining the required license.
- Possessing inventory of alcoholic beverages without a license.
- Operating after a license has expired or been suspended.
- Selling alcohol in unauthorized locations or during prohibited hours.
The Board of Alcoholic Beverages and Tobacco takes these violations seriously, as they directly impact public safety, tax revenues, and regulatory compliance.
Common Violations Cited Under F.S. 562.12(1)(a)
The following are some of the most frequent violations that lead to Administrative Complaints:
- Unlicensed Sale of Alcohol Many new business owners underestimate the strict licensing requirements for selling alcoholic beverages. Selling any alcoholic beverage without a valid license exposes the business to administrative penalties and criminal charges.
- Possession Without Proper Documentation Even if no sale occurs, merely possessing alcohol intended for sale without proper licensing can lead to violations under F.S. 562.12(1)(a).
- Operating with an Expired or Suspended License Failing to renew a license on time or operating while a license is suspended is treated as operating without a license.
- Sales Outside Licensed Premises Selling alcohol in areas not covered by the issued license, such as unauthorized patios or event spaces, can result in violations.
- Underage Sales and Improper Verification While these may also violate other statutes, they often compound violations under 562.12 when combined with licensing issues.
How the Administrative Complaint Process Works
If you are cited for violating F.S. 562.12(1)(a), the DBPR will typically issue an Administrative Complaint. This document outlines the specific violations and proposed penalties. You will have the opportunity to respond to the complaint and request a formal administrative hearing before an Administrative Law Judge (ALJ) through the Division of Administrative Hearings (DOAH).
Key stages in the Administrative Complaint process include:
- Notice of Violation: You will receive a written complaint from the DBPR outlining the allegations.
- Opportunity to Respond: You typically have 21 days to respond and request a hearing.
- Informal or Formal Hearing: Depending on the circumstances, you may choose an informal settlement or a formal hearing.
- Hearing Before an ALJ: If you request a formal hearing, the case will be heard by an ALJ, who will make a recommended order.
- Final Agency Action: The DBPR reviews the recommended order and issues a final order.
Penalties for Violating F.S. 562.12(1)(a)
Violations under F.S. 562.12(1)(a) carry substantial consequences. Penalties can vary depending on the severity of the violation, the business’s history, and any aggravating or mitigating circumstances.
Possible penalties include:
- Monetary fines ranging from hundreds to thousands of dollars.
- Suspension or permanent revocation of your alcoholic beverage license.
- Cease-and-desist orders preventing further operations.
- Criminal charges, such as unlicensed sales, may be classified as a second-degree misdemeanor.
- Damage to your business reputation and potential loss of customers.
Florida Statute 562.45 outlines additional penalties and enforcement provisions, authorizing the DBPR to impose administrative fines and suspend or revoke licenses based on violations of the Beverage Law.
Step-by-Step Guide to Responding to a DBPR Administrative Complaint
If you receive an Administrative Complaint under F.S. 562.12(1)(a), it is vital to act promptly and strategically to protect your business interests. Here is a step-by-step guide:
- Review the Complaint. Thoroughly examine the complaint carefully to understand the nature of the alleged violation, the evidence presented, and the proposed penalties.
- Contact Legal Counsel. Consult an experienced attorney who understands DBPR procedures and administrative law. Elevate Legal Services, PLLC, has extensive experience defending businesses against DBPR violations.
- Request a Hearing. You must respond to the DBPR and request a hearing within the timeframe specified in the complaint, usually 21 days. Failure to respond may result in a default judgment.
- Prepare Your Defense Work with your attorney to gather evidence, prepare witness testimony, and develop legal arguments to challenge the complaint.
- Attend the Administrative Hearing. Present your defense at the hearing before an Administrative Law Judge. Your attorney will advocate on your behalf, cross-examine witnesses, and present evidence.
- Comply with Final Orders. After the hearing, the DBPR will issue a final order. Ensure that you comply with any penalties or corrective actions to avoid further enforcement.
Why Choose Elevate Legal Services, PLLC?
Navigating DBPR Administrative Complaints can be overwhelming without experienced legal guidance. At Elevate Legal Services, PLLC, we offer:
- In-depth knowledge of Florida’s Beverage Law and DBPR regulations.
- Experience handling administrative law hearings and defending clients against licensing violations.
- A tailored approach that focuses on protecting your business, your license, and your professional reputation.
- Personalized attention and clear communication throughout the entire process.
Our Boca Raton-based legal team is committed to helping you resolve your DBPR complaint efficiently and effectively. Contact Elevate Legal Services, PLLC at 561-770-3335 or [email protected] to schedule a consultation and discuss your case.
Preventative Tips to Avoid Future Violations
To minimize the risk of facing Administrative Complaints in the future, consider the following best practices:
- Always maintain current and valid licenses for all business locations.
- Conduct regular internal audits to ensure compliance with Beverage Law regulations.
- Train employees thoroughly on legal requirements for alcohol sales.
- Establish procedures for age verification and proper record-keeping.
- Seek legal counsel when expanding operations or modifying licensed premises.
Final Thoughts
Facing an Administrative Complaint from the Board of Alcoholic Beverages and Tobacco under F.S. 562.12(1)(a) can place your business at serious risk. Quick and informed action is the key to protecting your license and avoiding harsh penalties. Elevate Legal Services, PLLC, stands ready to defend your rights, guide you through the administrative process, and help you achieve the best possible outcome. Contact our Boca Raton office today at 561-770-3335 or email us at [email protected] to schedule your consultation.
