Judges: CHARLES C. ADAMS
Agency: Department of Business and Professional Regulation
Latest Update: Feb. 11, 1976
Summary: Whether or not the Director of the Division of Beverage was justified in disapproving the increase in series of license number 62-849, 2-COP from that series to a series 4-COP.Petitioner is not entitled to quota license because licenses are issued by population and are all presently taken.
76-0123STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
HOB NOB TAVERN, WALTER BOOZE, )
)
Petitioner, )
)
vs. ) CASE NO. 76-123
) STATE OF FLORIDA, DIVISION OF ) BEVERAGE, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, a hearing was held on January 21, 1976, at 5600 Mariner Street, Tampa, Florida, before Charles C. Adams, Hearing Officer, Division of Administrative Hearings.
APPEARANCES
For Petitioner: Walter Booze,
318 North Garden Avenue Clearwater, Florida 33515
For Respondent: William Hatch, Esquire
Department of Business Regulation 725 Bronough Street
Tallahassee, Florida 32304 ISSUE
Whether or not the Director of the Division of Beverage was justified in disapproving the increase in series of license number 62-849, 2-COP from that series to a series 4-COP.
FINDINGS OF FACT
Millard Futch is presently the district supervisor for District 4, Division of Beverage and formerly district supervisor for District 6, Division of Beverage, at the time the Petitioner made application for an increase in the series of his beverage license. Mr. Futch indicated the reason that the request for increase in series was disapproved, was because that a series 4-COP license is a quota license and that at present all quota licenses in Pinellas County, Florida are held by other license holders, either as active licenses or licenses under administrative restraint. Therefore, as of the date of the hearing and the date of the request for increase in series, a quota license in Pinellas County was not available. The witness further testified that the 2-COP license being held by the Petitioner enables the Petitioner to sell beer and wine on the premises in package and to sell spiritous liquor for consumption off the premises. The principal difference, according to the witness between 2-COP
license and the increase series 4-COP license was that 4-COP license would allow the consumption of spiritous liquors on the premises.
The witness indicated that the only available methods for the Petitioner to receive a 4-COP license was for other quota licenses to be authorized at the time of the completion of the 1980 federal census. It was stated that upon the completion of that census the Petitioner together with other applicants could apply for such additional quota licenses as would be authorized by the increase in population in Pinellas County, Florida. It was also indicated that the possibility would be available for the Petitioner to purchase an existing quota license in Pinellas County, Florida, if the Petitioner was otherwise qualified under the guidelines of the Division of Beverage.
Finally the witness, Mr. Futch, did not indicate any further reason for the disapproval of the increase in series as applied for by the Petitioner. The Petitioner, after hearing the testimony offered by Mr. Futch in explanation of the Respondent's position, declined to make any presentation in his own behalf.
CONCLUSIONS OF LAW
Based upon the fact that the series 4-COP beverage license in the State of Florida is a quota license, and may only be granted upon the basis of population in a given county, according to the latest federal census, and since all authorized quota licenses in Pinellas County, Florida, are currently held by other licensees, a series 4-COP license can not be granted to the Petitioner.
RECOMMENDATION
Based upon the facts as presented in the course of the hearing, it is recommended that the Petitioner, Walter Booze, t/a HobNob Tavern be denied his request for an increase in series of his beverage license from one of 2-COP to 4-COP.
DONE and ENTERED this 11th day of February, 1976, in Tallahassee, Florida.
CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
COPIES FURNISHED:
Walter Booze
318 North Garden Avenue Clearwater, Florida 33515
William Hatch, Esquire
Department of Business Regulation 725 Bronough Street
Tallahassee, Florida 32304
Docket for Case No: 76-000123
Orders for Case No: 76-000123
| Issue Date |
Document |
Summary |
|
Feb. 11, 1976 |
Recommended Order
|
Petitioner is not entitled to quota license because licenses are issued by population and are all presently taken.
|
