In a significant legal development, Attorney Samuel Rubert recently filed an administrative rule challenge on behalf of Hoople Street Ventures, LLC against the Division of Alcoholic Beverages & Tobacco (DABT). This challenge addresses a controversial policy the agency began enforcing earlier this year, requiring applicants for alcoholic beverage licenses to provide proof of a leasehold for a period of one year. This requirement, which is not stated in the Beverage Law or Chapter 61A of the Florida Administrative Code (FAC), raised concerns among business owners and legal experts alike.
What was the issue?
The DABT’s new policy has affected several licensees and deterred potential business ventures in the alcoholic beverage industry. Attorney Rubert argued that such a policy, which impacts the rights of the regulated community, must be established through formal rulemaking procedures. The absence of this requirement in existing statutes suggests that the DABT’s actions may be an arbitrary exercise of authority.
Key legal arguments Attorney Rubert made in his challenge against the rule include:
- Lack of statutory basis: The requirement for a one-year leasehold is not found in the Beverage Law or Chapter 61A of the FAC.
- Potential overreach: The DABT’s policy could be an invalid exercise of its authority, as the legislature has not mandated such a requirement.
- Inconsistency in licensing: The agency has historically issued licenses for much shorter periods, sometimes as brief as one day.
These points highlight the potential overreach of the DABT and underscore the importance of adhering to established legislative processes.
How do entrepreneurs fight back against a state agency like the DABT?
Legal avenues are available to challenge rules such as these, but the process comes with financial risk. There are various costs tied to the process, and this financial burden often discourages businesses from pursuing legal action. As such, the fear of regulatory agencies acting beyond their scope is a significant concern for any regulated industry. This case illustrates the importance of having legal guidance from experienced attorneys when one chooses to take on a state agency to help better ensure a positive outcome when navigating complex regulatory landscapes.
In September 2025, Attorney Rubert successfully obtained a Consent Order, effectively ending the DABT’s controversial policy. The order states that although applicants for alcoholic beverage licenses must establish a right of occupancy to a premise, the occupancy can be for any amount of time – not an entire year. This outcome not only benefits Hoople Street Ventures, LLC but also sets a precedent for other businesses facing similar challenges.