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DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs. VIRGINIA RESORT FRANCHISE, D/B/A HOLIDAY INN, 75-001821 (1975)

Court: Division of Administrative Hearings, Florida Number: 75-001821 Visitors: 17
Judges: K. N. AYERS
Agency: Department of Business and Professional Regulation
Latest Update: Feb. 04, 1977
Summary: Respondent relinquished control to someone other than licensee or agent but corrected problem as soon as learned it was illegal. Recommend fine.
75-1821.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


In re: Assesment of civil penalty ) against or the revocation )

or the suspension of the ) CASE NO. 75-1821 license of Virginia Resort ) DABT CASE NO. 8-75-105A Franchise, d/b/a Holiday )

Inn, Biscayne Blvd., )

Miami, Florida, )

)


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 November 20, 1975 at Miami, Florida.


APPEARANCES


For Petitioner: Charles Curtis, Esquire,

Division of Business Regulations


For Respondent: Samuel Goldstein, Esquire

2401 West Flagler Street Miami, Florida


By Notice to Show Cause dated September 2, 1975, the Division of Beverage seeks to assess civil penalty, revoke or suspend the license of Virginia Holiday Resort trading as Holiday Inn, Biscayne Blvd. on the allegation that licensee entered into an agreement with Ernest Franzone relinquishing all or part of the control of licensed premises in violation of Rule 7A-3.17FAC.


At the hearing the parties stipulated that there was a technical violation of Rule 7A-3.17FAC, that when licensee learned that its management contract violated the rule it immediately corrected the situation, and it is no longer in violation.


From the foregoing it is concluded that licensee is guilty as alleged. It is therefore,


RECOMMENDED that Virginia Resort Franchise trading as Holiday Inn Biscayne Blvd. be assessed a civil penalty in the amount of $200.


DONE and ENTERED this 11th day of December, 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 Curtis, Esquire Samuel Goldstein, Esquire


Docket for Case No: 75-001821
Issue Date Proceedings
Feb. 04, 1977 Final Order filed.
Dec. 11, 1975 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 75-001821
Issue Date Document Summary
Jan. 02, 1976 Agency Final Order
Dec. 11, 1975 Recommended Order Respondent relinquished control to someone other than licensee or agent but corrected problem as soon as learned it was illegal. Recommend fine.
Source:  Florida - Division of Administrative Hearings

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