STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) BUSINESS REGULATION, DIVISION OF ) ALCOHOLIC BEVERAGES AND TOBACCO, )

)

Petitioner, )

)

vs. ) CASE NO. 79-305

) DABT NO. 33274-A CESAR AUGUSTUS RODRIGUEZ t/a )

TOM'S PLACE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings, at 705 Park Trammell Building, 1313 Tampa Street, Tampa, Florida, at 9:00 a.m., February 27, 1979.

APPEARANCES

For Petitioner: Mary Jo M. Gallay, Esquire

Staff Attorney

Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32304

For Respondent: Cesar Augustus Rodriguez

2605 West Kennedy Boulevard Tampa, Florida 33609

ISSUE

Whether or not on or about September 30, 1978, the Respondent, Cesar Augustus Rodriguez, his agent, servant or employee did pay for the renewal of his alcoholic beverage license with a check which was later returned, not paid by the bank, marked "Not Sufficient Funds", contrary to Rule 7A-2.15, Florida Administrative Code.

FINDINGS OF FACT

1. On September 30, 1978, the Respondent, Cesar Augustus Rodriguez, issued or caused to be issued a check in the amount of $1,750.00 made in behalf of the Petitioner, State of Florida, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco. The purpose of this check was to pay for the annual renewal of Respondent's beverage license, Number 39-994, 4-COP, under which the Respondent was trading as Tom's Place. The requirement for payment of the renewal of the license is established by Section 561.27, Florida Statutes.

2. The check for payment was drawn on the Barnett Bank of Tampa. When presented by the Petitioner for payment, the check was returned on the basis that there were insufficient funds for the check to be honored. The check number in question was check No. 407, drawn on account No. 01704386.

   
   

3. The act of tendering payment for the license fee renewal with a check that was returned for insufficient funds constituted a violation of Rule 7A- 2.15, Florida Administrative Code.

   
   

4. The facts as stated above were arrived at pursuant to a stipulation entered into by the parties and placed on the record during the process of a formal hearing conducted pursuant to Section 120.57, Florida Statutes.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties in this cause.

   
   

6. Based upon a full consideration of the facts herein, it is concluded as a matter of law that the Respondent, Cesar Augustus Rodriguez, violated the provisions of Rule 7A-2.15, Florida Administrative Code, by tendering a check for the annual license fee renewal of a beverage license when there were insufficient funds in the account to allow the check to be honored. This act of issuing the check constituted a violation of Subsection 561.29(1)(e), Florida Statutes, and subjects the Respondent to the penalties set forth in Section 561.29, Florida Statutes.

RECOMMENDATION

It is recommended that the Respondent, Cesar Augustus Rodriguez trading as Tom's Place, be fined in the amount of Two Hundred Fifty Dollars ($250.00) for the violation as established in this case, in accordance with the provisions of Subsection 561.29(4), Florida Statutes.

DONE AND ENTERED this 6th day of March, 1979, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Mary Jo M. Gallay, Esquire Staff Attorney

Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32304

Cesar Augustus Rodriguez t/a Tom's Place

2605 West Kennedy Boulevard Tampa, Florida 33609

Docket for Case No: 79-000305

Orders for Case No: 79-000305