STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIVISION OF ALCOHOLIC BEVERAGES ) AND TOBACCO, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2994

)

BEATRICE NETTLES and E. W. ) STRICKLAND t/a BIG OAK PATIO, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Tampa, Florida, on November 30 and December 1, 1982, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The parties were represented by

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

Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301

For Respondent: Beatrice Nettles

t/a The Big Oak Patio

501 South Waller Street Plant City, Florida

A Notice to Show Cause/Administrative Complaint was issued against Beatrice Nettles and E. W. Strickland 1/ , trading as Big Oak Patio, under alcoholic beverage license No. 39-1060, Series 4-COP. They were charged with failing to disclose the names of all persons interested directly or indirectly in the Big Oak Patio between the dates of March 16, 1982 and September 17, 1982, in alleged violation of Section 561.17, Florida Statutes (1981). Petitioner submitted proposed findings of fact which are incorporated herein to the extent they are relevant and consistent with the evidence.

FINDINGS OF FACT

1. Respondent holds alcoholic beverage license No. 39-1060, Series 4-COP, for the premises known as the Big Oak Patio, located at 501 South Waller Street, Plant City, Florida.

   
   

2. Petitioner's investigation indicated that Charles W. Nettles, Jr., the son of Beatrice Nettles, was primarily responsible for the operation of the licensed business and the payment of all bills attributed to the licensed business.

3. The evidence established that Charles Nettles, Jr., had opened a bank account with the Hillsborough State Bank of Plant City which was used to pay business expenses for the Big Oak Patio. Bank records revealed that Charles Nettles, Jr.'s bank account showed an address of 501 South Waller Street, Plant City, the address of the licensed premises owned by Beatrice Nettles and E. W. Strickland. Petitioner's inspection of the bank records established that nine checks signed by Charles Nettles, Jr. were issued to alcoholic beverage distributing companies servicing the Big Oak Patio.

   
   

4. On September 15, 1982, Petitioner's investigator contacted the Department of Revenue for the State of Florida, Tampa District, and confirmed the sales tax number for the Big Oak Patio was issued to Beatrice Nettles and Charles Nettles, Jr. The investigation also showed that Charles Nettles was responsible for having the power turned on by the electric power company, Plant City Office, for the Big Oak Patio and has been responsible for payment of the utility bills for the Big Oak Patio.

   
   

5. As part of Petitioner's investigation, the licensee, Beatrice Nettles, was interviewed at her residence in Plant City. Throughout the interview, Mrs. Nettles denied any involvement with the business and repeatedly informed Petitioner's investigator that Charles Nettles, Jr. owned the business.

   
   

6. At the formal hearing, testimony by Respondent showed that the original license of the Big Oak Patio was held in Beatrice Nettles' husband's name. Upon his death, over fifteen years ago, Beatrice Nettles and E. W. Strickland were appointed as co-administrators by the probate court handling Charles Nettles, Sr.'s estate. An order was entered by this court authorizing the co- administrators to continue the business of the Big Oak Patio. The appointment of co-administrators at the death of Charles Nettles, Sr. was necessitated by the fact that Charles Nettles, Jr. and his sister were not of age and could not lawfully operate the business. Neither Charles Nettles, Jr. nor his sister have gone back to court to have the co-administrators removed and final distribution made of the assets of Charles Nettles, Sr.'s estate.

   
   

   CONCLUSIONS OF LAW

   
   

7. Charles Nettles, Jr. and his sister are each claiming an interest in the business through their deceased father's estate. It was demonstrated that Charles Nettles, Jr., has taken over this business and is running it himself without having qualified or being placed on the alcoholic beverage license. Such undisclosed interest of Charles Nettles, Jr., is in violation of Section 561.17, Florida Statutes, which requires an approved application from all persons who hold an interest of any kind in the licensed business.

   
   

8. Since the transfer of the license from Charles Nettles, Sr.'s estate to his heirs must be accomplished by court order, the absence of such an order indicates that neither Charles Nettles, Jr. nor his sister, Mrs. Strickland, are entitled to be placed upon the alcoholic beverage license of the Big Oak Patio.

RECOMMENDATION

From the foregoing, it is

RECOMMENDED that Respondent furnish Petitioner a court order removing the co-administrators and distributing the remaining estate of Charles Nettles, Sr., in so far as it affects the licensed business, along with proper application(s) for such heir(). It is further

RECOMMENDED that if Respondent does not present the above described order and application(s) by March 1, 1983, that Petitioner enter a Final Order revoking alcoholic beverage license No. 39-1060.

DONE and ENTERED this 30th day of December, 1982, in Tallahassee, Florida.

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 30th day of December, 1982.

ENDNOTE

1/ Named Respondent E. W. Strickland is deceased and Beatrice Nettles is therefore the only Respondent to this proceeding.

COPIES FURNISHED:

James N. Watson, Jr., Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301

Beatrice Nettles The Big Oak Patio

501 S. Waller Street Plant City, Florida

Charles A. Nuzum, Director

Division of Alcoholic Beverages & Tobacco Dept. of Business Reg.

725 South Bronough Street Tallahassee, Florida 32301

Gary R. Rutledge, Secretary Dept. of Business Reg.

725 South Bronough Street Tallahassee, Florida 32301

Docket for Case No: 82-002994

Orders for Case No: 82-002994