TOWN OF MANGONIA PARK, APPELLANT,
v.
RAYMOND C. JONES, APPELLEE
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The court reviewed a writ of mandamus ordering a town to cancel alcoholic beverage licenses. The court affirmed the cancellation of a full liquor license due to population restrictions but reversed the cancellation of beer and wine licenses, which were not subject to the same limitations.
The court held that the full liquor license was improperly issued and its cancellation was correctly ordered. However, the beer and wine only licenses were not subject to the same population restrictions and were therefore properly issued, meaning their cancellation was not required.
“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.”
Establishes the basis for the improper issuance of the full liquor license.
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Join FLexlaw to unlock all legal intelligenceThe Town of Mangonia Park issued five alcoholic beverage licenses. A writ of mandamus was issued to compel the town to cancel all five licenses. Four …
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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 *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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State of Fla. on the relation of the Vill. OF N. Palm Beach v. Cochran, 112 So. 2d 1 (Fla. 1959)