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instead. In their request to withdraw the application to put the license in escrow, Johnny's represents to DABT that no sales or business activity occurred under License No. 58-04364 from December 1,1995 to December 30,1996 (a copy of the aforementioned letter is attached hereto and incorporated herein as Exhibit "B"). With no package license at the 8570 Palm Parkway site from December 1, 1995 through the end of 1996 and beyond, the 180 days period lapsed. Therefore, when the ABC Liquor's application was processed in January 1997, it was issued in error because the 58- 04364 "package liquor" license never got there and the 58-01889 was held by Rinky's as "no package" for more than 180 days. This, in turn, would have trigger a new measurement. Neither a new measurement nor a variance were required by Orange County. January, 1997 - License Transfer. License No. 58-04364 (3PS) is transferred from Johnny's Country Store of Central Florida, Inc. to ABC Liquors, Inc. Neither a new measurement nor a variance were required by Orange County. July, 1999 - License Transfer. License No. 58-04364 is relocated by ABC Liquors to 11951 South Apopka-Vineland Road, Orlando, Florida, and it remains in the name of ABC Liquors. Neither a new measurement nor a variance were required by Orange County. Based on the foregoing history, the decision by the Zoning Manager to ignore the code violation complaint submitted to Orange County Code Enforcement by Pacino's, and to do nothing regarding ABC Liquors' operation of a "package liquor" license (i.e.. License No. 58- 04364) at 11951 South Apopka-Vineland Road, Orlando, Florida, is unjustified and without any legal support. The Zoning Manager did not have the discretion to approve the placing of License No. 58-04364 at 11951 South Apopka-Vineland Road, Orlando, Florida, in direct violation of Orange County Code §38.1414(b), and the Board should immediately rescind the approval erroneously granted to ABC Liquor by the zoning department. The Board should order ABC Liquors to immediately cease doing business in violation of Orange County Code §38.1414(b) at 11951 South Apopka-Vineland Road, Orlando, Florida. Pacino's is simply requesting that Orange County Code §38.1414(b) be applied fairly to everyone, and not arbitrarily and capriciously in favor of ABC Liquor and against Pacino's. Furthermore, once the Board orders the enforcement of Orange County Code §38.1414(b) uniformly by the Zoning Manager, the Board should find that there is no impediment to approving the relocation of Pacino's License No. 58-01890 from 12523 S.R. 535 to 12521 S.R. 535, since it would then meet the minimum 5,000 foot separation requirement between package sale vendors. The Board is requested to approve the transfer of Pacino's License No. 58-01890 from 12523 S.R. 535 to 12521 S.R. 535. In the alternative, and assuming arguendo that the Board of Zoning Adjustment finds that the Zoning Manager had the discretion to ignore Orange County Code §38.1414(b) as to ABC Liquor's placement of its License No. 58-04364 at the 11951 South Apopka-Vineland Road, Page 3 of 4 ^- -- 243

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