STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WILLIE JOE WILLIAMS, d/b/a )

WILLIAM'S DISCO, )

)

Petitioner, )

)

vs. ) CASE NO. 80-787

) DIVISION OF ALCOHOLIC BEVERAGES ) AND TOBACCO, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Pensacola, Florida, before the Division of Administrative Hearings by its duly designated Hearing Officer, Robert T. Benton, II, on September 3, 1980. The parties were represented by counsel.

APPEARANCES

For Petitioner: David A. Pascoe, Esquire

120 Wellington Road

Fort Walton Beach, Florida 32548

For Respondent: James N. Watson, Jr., Esquire

725 South Bronough Street Tallahassee, Florida 32301

PROCEDURAL BACKGROUND

By letter dated January 15, 1980, respondent's director, Charles A. Nuzum, advised Petitioner that his application for a beverage license had been disapproved because he was "not believed to be of good moral character" and because the application was incomplete. At the final hearing, the parties stipulated that the only issue remaining between them was whether petitioner had "good moral character".

FINDINGS OF FACT

1. Willie Joe Williams lives in Laurel Hill in northern Okaloosa County, Florida. He considers himself to be of good moral character, and his wife concurs. In 1972 and again in 1975, however, he was arrested for possession of moonshine which belonged to his wife, Rosa May Williams. These arrests did not result in convictions because petitioner turned state's evidence. On October 24, 1975, an order was entered withholding adjudication of guilt and placing petitioner on 18 months' probation on charges of possession of moonshine. In 1966, petitioner was arrested for the reckless display of a firearm. A $35.00 cash bond posted on the day of the arrest was later estreated. Also in 1966, petitioner was arrested for "Non Support."

2. On November 30, 1979, petitioner was arrested for possession of unstamped cigarettes, possession of alcoholic beverages with the intent to see without a license, and sale of alcoholic beverages without a license. Respondent's Exhibit No. 1. The Kool cigarettes petitioner had in his possession on November 30, 1979, had acquired in Alabama just across the border. Petitioner pleaded guilty, and was adjudicated guilty of possession of alcoholic beverages for resale without a license and of possession of unstamped cigarettes; and he was place on one year's probation. The beer for possession of which petitioner was convicted belonged to his wife.

   
   

   CONCLUSIONS OF LAW

   
   

3. Pursuant to Section 561.15(1), Florida Statutes (1979), respondent is authorized to issue beverage licenses "only to persons of good moral character .

. . ." As an applicant for a beverage license who was advised, in accordance with Section 120.60(2), Florida Statutes (1979), that his moral character was in issue, petitioner had the burden at the hearing to demonstrate his good moral character. Zemour, Inc. v. State Division of Beverage, 347 So.2d 1102 (Fla. 1st DCA 1977). Petitioner did not carry this burden.

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That respondent deny petitioner's application for licensure.

DONE AND ENTERED this 30th day of September, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings Room 101 Collins Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 1st day of October, 1980.

COPIES FURNISHED:

David A. Pascoe, Esquire

120 Wellington Road

Fort Walton Beach, Florida 32548

James N. Watson, Jr., Esquire 725 South Bronough Street Tallahassee, Florida 32301

Docket for Case No: 80-000787

Orders for Case No: 80-000787