DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, APPELLANT,
v.
COST PLUS IMPORTS OF TAMPA BAY, INC., D/B/A MARQUIS LIMOUSINES, APPELLEE
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The Department of Business Regulation appealed a trial court's judgment holding that providing free alcoholic beverages with limousine rentals did not constitute a sale under Florida law. The appellate court reversed, holding that such provision constitutes a sale within the statutory definition because the beverages are given in connection with a transfer of property (the limousine rental) for consideration.
The court held that furnishing alcoholic beverages in connection with the rental of a limousine constitutes a sale within the meaning of section 561.01(9). The statutory definition of sale includes gifts of alcoholic beverages given in connection with a transfer of property for consideration, which encompasses the beverages provided with limousine rentals.
[1] A "sale" of an alcoholic beverage includes any transfer of an alcoholic beverage for a consideration, any gift of an alcoholic beverage in connection with, or as a part o…
[2] The furnishing of alcoholic beverages in connection with the rental of a limousine constitutes a sale of alcoholic beverages within the meaning of Florida Statutes sectio…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“"Sale" and "sell" mean any transfer of an alcoholic beverage for a consideration, any gift of an alcoholic beverage in connection with, or as a part of, a transfer of property other than an alcoholic beverage for a consideration, or the serving of an alcoholic beverage by a club licensed under the Beverage Law.”
The statutory definition of sale that the court applied to determine whether the provision of beverages with limousine rentals constituted a sale.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCost Plus Imports of Tampa Bay, Inc., operating as Marquis Limousines, provided alcoholic beverages to customers renting limousines without charging s…
The full statement of facts, procedural history, and disposition for this case are member content.
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SCHEB, Acting Chief Judge.
The state challenges a final order granting appellee’s motion for judgment on the pleadings. We reverse.
This appeal presents the question of whether a transaction in which alcoholic beverages are given without additional charge to persons renting a limousine constitutes a sale of alcoholic beverages pursuant to section 561.01(9), Florida Statutes (1985). The trial court held that it was not a sale within the meaning of section 561.-01(9). We disagree.
Section 561.01(9) defines the term “sale” as follows:
“Sale” and “sell” mean any transfer of an alcoholic beverage for a consideration, any gift of an alcoholic beverage in connection with, or as a part of, a transfer of property other than an alcoholic beverage for a consideration, or the serving of an alcoholic beverage by a club licensed under the Beverage Law.
The state contends that payment of the rental price of appellee’s limousine also constituted a consideration for the alcoholic beverages. The state argues that in providing alcoholic beverages to customers, appellee was selling alcoholic beverages without a license in violation of section 562.12, Florida Statutes (1985), which makes it unlawful to sell alcoholic beverages without being licensed under chapter 562, Florida Statutes.
While the state acknowledges that appellate courts in Florida have not directly addressed this issue, it urges that the statutory definition of “sale” is sufficiently broad to include appellee’s activities. The decisional law from other jurisdictions supports this construction. See, e.g., New York State Liquor Authority v. Fuffy’s Pancake House, Ltd,., 65 A.D.2d 556, 409 N.Y.S.2d 20 (1978); New York State Liquor Authority v. Sutton Social Club, Inc., 93 Misc.2d 1024, 403 N.Y.S.2d 443 (1978); Commonwealth v. Backa, 225 Pa. Super. 224, 310 A. 2d 355 (1973); Winter v. Pratt, 258 S.C. 397, 189 S.E. 2d 7 (1972). Appellee has not filed a brief in this matter but has informed the court that the state’s arguments are meritorious.
We agree with the state that the furnishing of alcoholic beverages in connection with the rental of a limousine constitutes a sale within the meaning of section 561.-01(9).
Accordingly, we vacate the trial court’s judgment on the pleadings and remand for further proceedings consistent herewith.
RYDER and THREADGILL, JJ., concur.
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