STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MERCEDES GILL d/b/a )

YE OLDE ENGLISH PUB, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1691

)

DIVISION OF ALCOHOLIC )

BEVERAGES AND TOBACCO, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Miami, Florida, before the Division of Administrative Hearings, by its duly designated Hearing Officer, Robert T. Benton, II, on September 25, 1979. The parties were represented by counsel:

APPEARANCES

For Petitioner: Joe Allen, Esquire

417 Eaton Street

Key West, Florida 33040

For Respondent: Dennis E. LaRosa, Esquire

725 South Bronough Street Tallahassee, Florida 32301

By letter dated April 27, 1979, respondent denied petitioner's application for transfer of a beverage license, on the grounds that petitioner allegedly "failed to make full and truthful disclosure of all persons connected directly or indirectly in the operation of the business," citing "FS 561.17 and Ch. 559, FS."

FINDINGS OF FACT

1. Although there was a detailed evidentiary presentation at the hearing, there was no real disagreement between the parties on the essential facts: Petitioner's husband is disqualified to hold a beverage license on account of a previous felony conviction. He has invested a substantial sum in Ye Olde English Pub, including the real estate that houses the business. Petitioner failed to disclose her husband's interest on forms submitted to respondent in connection with her application to transfer a beverage license to her from the bar's former owner.

   
   

   CONCLUSIONS OF LAW

   
   

2. The evidence and virtual stipulation of the parties showed that petitioner's husband is disqualified to hold a beverage license, pursuant to Section 561.15(2), Florida Statutes (1977). Because her husband is "interested

   with [petitioner] . . . indirectly in the business . . . [her] application shall be denied by the division." Section 561.17(1) Florida Statutes (1977).

   
   

3. Chapter 559, Florida Statutes (1977), has no immediately apparent application to these proceedings.

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That respondent deny petitioner's application for license transfer.

DONE and ENTERED this 22nd day of October, 1979, 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:

Joe Allen, Esquire

417 Eaton Street

Key West, Florida 33040

Dennis E. LaRosa, Esquire 725 South Bronough Street Tallahassee, Florida 32303

Docket for Case No: 79-001691

Orders for Case No: 79-001691