STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MELVIN STEWART d/b/a MEL'S ) BEER & WINE LOUNGE, )

)

Petitioner, )

)

vs. ) CASE NO. 79-2291

)

DIVISION OF ALCOHOLIC )

BEVERAGES AND TOBACCO, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to Notice dated April 21, 1980, this cause came on for hearing before Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on June 10, 1980, in Miami, Florida.

A hearing was requested by Melvin Stewart d/b/a Mel's Beer & Wine Lounge due to the denial of his beverage license application by the Division of Alcoholic Beverages and Tobacco. The issue for determination was whether the application should be approved.

At the commencement of the hearing, the Division's ore tenus motion to amend the style of this cause to properly reflect Melvin Stewart d/b/a Mel's Beer & Wine Lounge as the Petitioner and Division of Alcoholic Beverages and Tobacco as the Respondent was granted.

APPEARANCES

For Petitioner: Did not appear and was not represented For Respondent: Dennis E. LaRosa, Esquire

Department of Business Regulation 725 South Bronough Street

The Johns Building Tallahassee, Florida 32301

Although the Petitioner was properly noticed of the hearing as required by the applicable statutes and rules, he presented no evidence in support of his application for a beverage license. Accordingly, Petitioner has failed to carry his burden of proof to affirmatively demonstrate that he is qualified to be licensed.

RECOMMENDATION

Based upon Petitioner's failure to appear, it is RECOMMENDED THAT:

A default be entered against Petitioner and a final order be issued denying Petitioner's application for a beverage license.

RECOMMENDED this 18th day of June, 1980, in Tallahassee, Florida.

LINDA M. RIGOT

Hearing Officer

Division of Administrative Hearings Department of Administration

Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 18th day of June, 1980.

COPIES FURNISHED:

Mr. Melvin Stewart

c/o Mel's Beer & Wine Lounge

301 N.E. 62nd Street Miami, Florida

Dennis E. LaRosa, Esquire Department of Business Regulation 725 South Bronough Street

The Johns Building Tallahassee, Florida 32301

Mr. Charles A. Nuzum, Director Division of Alcoholic Beverages

and Tobacco

Department of Business Regulation 725 South Bronough Street

The Johns Building Tallahassee, Florida 32301

Docket for Case No: 79-002291

Orders for Case No: 79-002291