Judges: ROBERT T. BENTON, II
Agency: Department of Business and Professional Regulation
Latest Update: May 23, 1980
Summary: Respondent transferred cigarettes from non-wholesale licensed premises, in which he is part owner, to his other store. He is the only person on the license. Recommend civil penalty of $100.
77-1859.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF BUSINESS REGULATION, ) DIVISION OF ALCOHOLIC BEVERAGES ) AND TOBACCO, )
)
Petitioner, )
)
vs. ) CASE NO. 77-1859
)
STOP N SHOP and TOM YAZGI, )
)
Respondent. )
)
RECOMMENDED ORDER
This matter came on for hearing in Jacksonville, Florida, before the Division of Administrative Hearings by its duly designated Hearing Officer, Robert T. Benton, II, on November 16, 1977.
APPEARANCES
For Petitioner: Mr. Francis Bayley, Esquire
Johns Building
725 South Bronough Street Tallahassee, Florida 32304
For Respondent: Appeared in propria persona
By notice to show cause dated December 14, 1976, petitioner alleged that respondent Yazgi unlawfully transferred two cartons of cigarettes to the Stop N Shop premises for retail purposes from other than a person holding a wholesale cigarette dealer permit . . . contrary to F.S. 210.15(1)(h), within F. S.
561.29.
FINDINGS OF FACT
Respondent Yazgi has an ownership interest in respondent Stop N Shop and is the only individual named on respondent Stop N Shop's license. Respondent Yazgi has a one-third interest in a different store at a different location in Jacksonville, which is also called Stop N Shop. Sometime before noon on October 15, 1976, Mr. Yazgi took one carton of Winston menthol cigarettes and one carton of Silver Thin cigarettes from this second store and transferred them to respondent Stop N Shop where they were offered for resale and where petitioner's agents discovered them, except for one package which was missing. The store from which respondent took the cigarettes is not a licensed cigarette wholesaler.
CONCLUSIONS OF LAW
Section 210.15(1)(h), Florida Statutes (1975), provides that "[c]igarettes may be purchased for retail purposes only from a person holding a
wholesale dealer permit . . . and the cigarettes cannot be transferred to any other place of business for the purpose of resale." Failure to comply with this provision constitutes a misdemeanor of the first degree. Section 210.18(2), Florida Statutes (1975). Because respondent transferred cigarettes from one store to another for purposes of selling them at retail, petitioner is authorized to revoke or suspend respondent's license, Section 561.29(1), Florida Statutes (1975), but, at the final hearing, petitioner's counsel announced that the Division seeks only the imposition of a civil penalty.
RECOMMENDATION
Upon consideration of the foregoing, it is RECOMMENDED:
That petitioner impose a civil penalty against respondent in the amount of one hundred dollars ($100.00)
DONE and ENTERED this 6th day of December, 1977, in Tallahassee, Florida.
ROBERT T. BENTON, II
Hearing Officer
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
COPIES FURNISHED:
Mr. Tom Yazgi c/o Stop N Shop
2039 West 12th Street Jacksonville, Florida
Mr. J. M. Ogonowski District 3
Department of Business Regulation 1934 Beachway Road
Jacksonville, Florida 32207
Mr. Francis Bayley, Esquire Department of Business Regulation Legal Section
Johns Building
725 South Bronough Street Tallahassee, Florida 32304
Docket for Case No: 77-001859
Orders for Case No: 77-001859
| Issue Date |
Document |
Summary |
|
Dec. 28, 1977 |
Agency Final Order
|
|
|
Dec. 06, 1977 |
Recommended Order
|
Respondent transferred cigarettes from non-wholesale licensed premises, in which he is part owner, to his other store. He is the only person on the license. Recommend civil penalty of $100.
|
