Judges: R. T. CARPENTER
Agency: Department of Business and Professional Regulation
Latest Update: Jul. 28, 1982
Summary: Petitioner's owner was convicted of violating beverage law within five years of application, therefore, the license must be denied.
82-1415STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
THE BAR, )
)
Petitioner, )
)
vs. ) CASE NO. 82-1415
) DIVISION OF ALCOHOLIC BEVERAGES ) AND TOBACCO, )
)
Respondent. )
)
RECOMMENDED ORDER
This matter came on for bearing in Jacksonville, Florida, on June 22, 1982, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The parties were represented by:
For Petitioner: No Appearance
For Respondent: James N. Watson, Esquire
Staff Attorney
Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
This matter arose on the denial of Petitioner's application for an alcoholic beverage license. Hearing was convened on this denial pursuant to Petitioner's request (letter dated April 19, 1982).
FINDINGS OF FACT
Respondent presented evidence (Respondent's Exhibit 1) which established that Petitioner, Theresa M. Hendricks, was convicted under Subsection 562.111(2), Florida Statutes, in the Circuit Court of Duval County on February 9, 1982. This violation pertained to "providing alcoholic beverages to a minor."
CONCLUSIONS OF LAW
Subsection 561.15(2), Florida Statutes (1981) provides in part:
No license under the Beverage Law shall be issued to any person who has been
convicted within the last past 5 years of any offense against the laws of this state . . .
Petitioner was convicted of violating a provision of the Beverage Law within the five-year period specified. Petitioner is therefore not qualified to hold a beverage license at this time.
Rule 28-6.08(3), Florida Administrative Code, provides:
Any bearing on the denial of a license shall be conducted in accordance with Section 120.57, and unless otherwise provided by law the applicant shall have the burden of establishing entitlement to the license.
The applicant, having failed to appear and present evidence at the duly noticed hearing, has failed to carry its burden of establishing entitlement to the license sought as required by the above quoted rule.
RECOMMENDATION
From the foregoing, it is RECOMMENDED:
That the petition is DISMISSED.
DONE and ENTERED this 16th day of July, 1982 at Tallahassee, Florida.
COPIES FURNISHED:
James N. Watson, Esquire Staff Attorney Department of Business
Regulation
R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 16th day of July, 1982.
725 South Bronough Street Tallahassee, Florida 32301
Ms. Theresa M. Hendricks
P.O. Box 8565
Jacksonville, Florida 32239
Gary A. Rutledge, Secretary Department of Business Regulation
725 South Bronough Street Tallahassee, Florida 32301
Charles A. Nuzum, Director Division of Alcoholic Beverages and Tobacco
Department of Business Regulation
725 South Bronough Street Tallahassee, Florida 32301
Docket for Case No: 82-001415
Orders for Case No: 82-001415
| Issue Date |
Document |
Summary |
|
Jul. 26, 1982 |
Agency Final Order
|
|
|
Jul. 16, 1982 |
Recommended Order
|
Petitioner's owner was convicted of violating beverage law within five years of application, therefore, the license must be denied.
|
