STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DIVISION OF ) BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-682

) DOB CASE NO. 3-75-82A GRACE INDUSTRIES, LTD., INC. )

d/b/a GRACE INDUSTRIES, LTD., ) INC., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held before Charles C. Adams, Hearing Officer with the Division of Administrative Hearings, on July 28, 1976, at 1934 Beachway Road, Jacksonville, Florida.

APPEARANCES

For Petitioner: Charles F. Tunnicliff, Esquire

Division of Beverage 725 Bronough Street The Johns Building

Tallahassee, Florida 32304

For Respondent: Dennis Katz, President

Grace Industries, Ltd., Inc. 2410 Silver Street

Jacksonville, Florida 32207 ISSUES

1. Whether or not on or about the 25th day of September, 1975, the Respondent, its agent, servant or employee did unlawfully sell alcoholic beverages, to wit: one (1) case of Black Horse Ale, to a licensed vendor, Tom Relaford's Liquors, License No. 26-944 4-COP, while such vendor was on the delinquent "no sale" list issued by the Division, effective July 16, 1975, in violation of Subsection 561.42(5), Florida Statutes, and Rule 7A-3.34 Florida Administrative Code.

   
   

2. Whether or not on or about the 16th day of October, 1975, the Respondent, its agent, servant or employee did unlawfully sell alcoholic beverages, to wit: two (2) cases of assorted wine, to a licensed vendor, to Relaford's Liquors, License No. 26-944, 4-COP, while such vendor was on the delinquent "no sale" list issued by the Division, effective July 16, 1975, in violation of Subsection 561.42(5), Florida Statutes, and Rule 7A-3.34, Florida Administrative Code.

FINDINGS OF FACT

1. The parties stipulated and agreed that Grace Industries, Ltd., Inc. held License No. 26-1488 on or about September 25, 1975 and October 16, 1975.

   
   

2. The parties entered into a stipulation that the facts alleged in the Administrative Complaint were true and accurate. Therefore, the facts are established, that on or about the 25th of September, 1975, the Respondent, its agent, servant or employee did unlawfully sell alcoholic beverages, to wit: one

   1. case of Black Horse Ale, to a licensed vendor, Tom Relaford's Liquors, License No. 26-944, 4-COP, while such vendor was on the delinquent "no sale" list issued by the Division effective July 16, 1975. The stipulation further established that on or about the 16th of October, 1975, the Respondent, its agent, servant or employee did unlawfully sell alcoholic beverages, to wit: two

   2. cases of assorted wine, to a licensed vendor, Tom Relaford's Liquors License No. 26-944, 4-COP, while such vendor was on the delinquent "no sale" list issued by the Division effective July 16, 1975. The word "Division" as used in this statement of fact refers to the Division of Beverage.

   
   

   CONCLUSIONS OF LAW

   
   

3. It is concluded as a matter of law that on or about the 25th day of September, 1975, the Respondent, its agent, servant or employee did unlawfully sell alcoholic beverages, to wit: one (1) case of Black Horse Ale, to a licensed vendor, Tom Relaford's Liquors, License No. 26-944, 4-COP, while such vendor was on the delinquent "no sale" list issued by the Division, effective July 16, 1975, in violation of Subsection 561.42(5), Florida Statutes, and Rule 7A-3.34, Florida Administrative Code.

   
   

4. It is concluded as a matter of law that on or about the 16th day of October, 1975, the Respondent, its agent, servant or employee did unlawfully sell alcoholic beverages, to wit: two (2) cases of assorted wine, to a licensed vendor, Tom Relaford's Liquors, License No. 26-944, 4-COP, while such vendor was on the delinquent "no sale" list of the Division, effective July 16, 1975, in violation of Subsection 561.42(5), Florida Statutes, and Rule 7A-3.34, Florida Administrative Code.

   
   

5. For these violations as set forth in these Conclusions of Law, the Respondent is held to answer to the penalties that are established in the applicable Florida Statutes.

RECOMMENDATION

The permit held by the Respondent, Grace Industries, Ltd., Inc., is a new permit and offenses as set forth in the Complaint under consideration are the first offenses by the Respondent. The parties have stipulated that the undersigned may make conclusions of law and a recommendation, notwithstanding the lack of disputes in fact. Furthermore, the Petitioner's attorney had indicated that it would not recommend any imposition of sentence more than a civil penalty, not to exceed $150.00 and that it would be counsel for the Petitioner's suggestion that the Director of the Division of Beverage abide by the undersigned's recommendation. It is therefore RECOMMENDED that the Director of the Division of Beverage assess a fine in the amount of $100.00 against the licensee, Grace Industries, Ltd., Inc.

DONE and ENTERED this 23rd day of August, 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:

Charles F. Tunnicliff, Esquire Division of Beverage

The Johns Building Tallahassee, Florida 32304

Dennis Katz, President

Grace Industries, Ltd., Inc. 2410 Silver Street

Jacksonville, Florida 32207

Docket for Case No: 76-000682

Orders for Case No: 76-000682