STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In re: The Revocation, )

Suspension or Assesment of )

penalty against the License of ) CASE NO. 75-1521

Fulton Thomas d/b/a Mr. Thomas ) BEVERAGE CASE NO. 8-3225A Food Store, License No. 23-2351 )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, K. N. Ayers, held a public hearing in the above styled cause on September 10, 1975 at Miami, Florida.

APPEARANCES

For Petitioner: Charles Tunnicliff, Staff Attorney

Division of Beverages Room 210 Johns Building 725 South Bronough Street Tallahassee, Florida

For Respondent: Richard G. Dunberg, Esquire

Suite 180, Sunset Executive Center 8585 Sunset Drive

Miami, Florida 23143

1. By Notice to Show Cause dated April 5, 1973, the Director, Division of Beverages, seeks to revoke, suspend, or assess a penalty against Beverage License No. 23-2351 held by Fulton Thomas, trading as Mr. Thomas Food Store located at 6200 N. W. 18th Avenue, Miami, Florida. As grounds therefor the Director alleges that on March 19, 1973, the licensee, Fulton Thomas was convicted of violating s. 811.16 Florida Statutes by unlawfully buying, receiving, or aiding in the concealment of stolen property, well knowing same to be stolen.

   
   

2. At a previous Administrative Hearing held in this cause on June 20, 1973, licensee's Motion for a Continuance, on the grounds that his conviction in the criminal case was on appeal, was granted.

   
   

3. At the instant hearing a copy of License Number 23-2351, Notice of Hearing dated August 13, 1975, Notice to Show Cause dated April 5, 1973, Certified Copy of Judgment against Fulton Thomas in the Circuit Court, and the Department of Business Regulations Order dated June 20, 1973 granting the continuance in the original hearing, were admitted into evidence without objection. The judgment shows that on March 19, 1973, Fulton Thomas was regularly tried and convicted of Unlawfully Buying, Receiving or Aiding in the Concealment of Stolen Property, well knowing the same to be stolen; and sentenced to confinement in the State Penitentiary for a term of eighteen (18) months.

4. Thomas testified in his own behalf. The block of buildings which contain Mr. Thomas Food Store has been condemned and will be torn down to provide right-of-way for an expressway, and he is not particularly interested in retaining his license. He stated that he was railroaded and framed into conviction. On cross examination it was revealed that he bought more than 120 tires and some inner tubes from the thief who gave him a receipt, also stolen from the Firestone Store from whence the tires had come. The price paid for the tires was approximately one half or less than the normal retail price.

   
   

5. From the foregoing, it is concluded that the licensee, Fulton Thomas has violated laws of the State of Florida, to wit: s. 811.16 Florida Statutes, and thereby has subjected his license to revocation pursuant to s. 561.29 Florida Statutes. It is therefore,

RECOMMENDED that License No. 23-2351, issued to Fulton Thomas d/b/a Mr.

Thomas Food Store, be revoked.

DONE and ORDERED this 25th day of September, 1975 in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Charles Tunnicliff, Esquire

Richard G. Dunberg, Esquire

Mr. Charles A. Nuzum, Director Division of Beverage

Docket for Case No: 75-001521

Orders for Case No: 75-001521