STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
MACK'S CONFECTIONERY, HENRY ) McCALISTER & WILLIE MACK, )
)
Petitioner, )
)
vs. ) CASE NO. 78-1364
)
DEPARTMENT OF BUSINESS ) REGULATION, DIVISION OF ALCOHOLIC ) BEVERAGES AND TOBACCO, )
)
Respondent. )
)
RECOMMENDED ORDER
This case was heard pursuant to notice on August 24, 1978 in the offices of the Department of Business Regulation, 1934 Beachway Road, Jacksonville, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.
This case arose upon the denial of the Petitioner's application for a beverage license pending a Section 120.57, Florida Statutes, hearing, if requested, because one of the applicants, Willie Mack, had been allegedly convicted of a felony within the past 15 years pursuant to Section 561.15, Florida Statutes.
APPEARANCES
For Petitioner: Willie Mack
838 Robinson Avenue
Jacksonville, Florida 32209 Appeared in his own behalf
For Respondent: Francis Bayley, Esq.
Division of Alcoholic Beverages and Tobacco Department of Business Regulation
725 South Bronough Street Tallahassee, Florida 32304
ISSUES
Was the Petitioner's application denied for good cause and is the Petitioner entitled to the beverage license for which he applied?
FINDINGS OF FACT
Henry McCalister and Willie Mack applied for a beverage license to the Division of Alcoholic Beverage and Tobacco, Department of Business Regulation.
Willie Mack was notified that this application was to be denied because he had been convicted of a felony within the past 15 years pursuant to Section 561.15, Florida Statutes. He was further advised that he was entitled to a hearing pursuant to Section 120.57, Florida Statutes.
The Respondent failed to produce at hearing any evidence of Mack's conviction of a felony.
CONCLUSIONS OF LAW
The burden falls upon the applicant to show his qualifications for licensure. The applicants, McCalister and Mack, presented their qualifications for licensure by filing an application. The Department denied the application on the basis that one applicant, Mack, had been convicted of a felony within the past 15 years. Section 561.15, makes this grounds for denial of a beverage license. Although the burden generally rest on the applicant to show his or her qualifications, the burden falls on the agency to produce proof of disqualifying factors when the agency denies a license because of specific factual allegations.
At the hearing there was no evidence produced that Willie Mack had been convicted of a felony. The Respondent failed to meet its burden of proof that the applicant was disqualified because of a felony conviction. There being no other stated basis for denial of the license, the applicants are qualified.
Based on the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the Respondent issue the applicant the beverage license for which they applied.
DONE AND ORDERED in Tallahassee, Leon County, Florida, this 6th day of September, 1978.
STEPHEN F. DEAN
Hearing Officer
Division of Administrative Hearings
530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675
COPIES FURNISHED:
Mr. Willie Mack
834 Robinson Avenue
Jacksonville, FL 32209
Francis Bayley, Esq.
Division of Alcoholic Beverages and Tobacco
725 South Bronough Street Tallahassee, FL 32304
Issue Date | Proceedings |
---|---|
Nov. 22, 1978 | Final Order filed. |
Sep. 06, 1978 | Recommended Order sent out. CASE CLOSED. |
Issue Date | Document | Summary |
---|---|---|
Nov. 20, 1978 | Agency Final Order | |
Sep. 06, 1978 | Recommended Order | Denial of license for felony convictions overturned when agency couldn't present evidence of alleged conviction. |