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away because Beverage License #58-04364, located at 11951 S. Apopka- Vineland Road, is within 5,000 feet. 2. The decision that Beverage License #58-04364, located at 11951 S. Apopka-Vineland Road, (1) is in compliance with Orange County Code §38.1414(b), and (2) should be allowed to continue operating at that location in violation of Orange County Code §38.1414(b). Mr. Gordon's finding of facts contained in his letter of September 15, 2003, are, in pertinent parts, erroneous, and his conclusions are unsupportable by the true facts. The correct pertinent factual setting follows: October 4,1990 - New License. License No. 58-04364 (3PS) is issued in the name of Marty Liquors located on 75 East Colonial Dr. This is outside the subject area. (Orange County signs off.) March, 1992-Ordinance Amendment. Orange County amends ordinance to specifically require that the 5,000 foot distance separation applies to not only unincorporated areas of the County, but also to municipalities within the County. This would cover the City of Lake Buena Vista/Crossroads Center. March 25,1994 - License No. 58-04364. License located at 75 E. Colonial Drive, Orlando, Florida, is placed in escrow by Rhudy Martha d/b/a Marty's Liquors. September 1994 - License No. 58-04364. Transferred from escrow to Johnny's Country Store of Central Florida, me., at 5320 Kirkman Road. This is still outside the subject area. (Orange County signs off.) May 5,1995 - License No. 58-01890. License No. 58-01890 is reactivated at 12523 S.R. 535. This is Pacino's license. May 2,1996 - License No. 58-04364. Johnny's applies to move License No. 58-04364 from Kirkman Road location to 8570 Palm Parkway. Orange County erred by signing off because Pacino's was operating within 5,000 of 8570 Palm Parkway. License No. 58-04364 did not get transferred to 8570 Palm Parkway at that time and, in fact never did. In processing the License No. 58-04364 transfer application, DABT issued a tentative denial letter on August 20, 1996 with direction to the applicant (Johnny's) to take some action within ten days. Johnny's decided to place the license in escrow and amended the application accordingly. In October 1996, the DABT records show license no. 58-04364 in escrow as of October 16, 1996. December 1996 - License No. 58-04364. Johnny's asks DABT to withdraw the application to put the license in escrow because a transfer to ABC may be occurring Page 2 of 4 242 3.

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