STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) BUSINESS REGULATION, DIVISION ) OF ALCOHOLIC BEVERAGES AND )

TOBACCO, )

)

Petitioner, )

)

vs. ) CASE NO. 83-259

) CLAYTON E. ADAMS, t/a BLUEBERRY ) GROCERY AND CURB MARKET, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause came on for formal hearing before Marvin E. Chavis, duly designated Hearing Officer of the Division of Administrative Hearings, on February 28, 1983, in Pensacola, Florida.

APPEARANCES

For Petitioner: William A. Hatch, Esquire

Department of Business Regulation

725 South Bronough Street Tallahassee, Florida 32301

For Respondent: Clayton E. Adams

Blueberry Grocery and Curb Market Highway 85 North

Crestview, Florida

ISSUES

The Division of Alcoholic Beverages and Tobacco seeks by this action to suspend or revoke or otherwise discipline License No. 56-00475 belonging to the licensee Clayton E. Adams. The basis for such action is the allegation that Mr. Adams violated Section 893.13, Florida Statutes, by delivering three pounds of marijuana to an individual named Jackie Long for which Mr. Adams received $800.

The Petitioner called no witnesses but relied upon the stipulation entered into by the Respondent as to the facts alleged in the count set forth in the Notice to Show Cause. Mr. Clayton E. Adams testified on behalf of the Respondent, Blueberry Grocery and Curb Market. The Respondent offered into evidence nine exhibits, all of which were admitted without objection.

FINDINGS OF FACT

1. Mr. Clayton E. Adams, doing business as Blueberry Grocery and Curb Market, is the licensee of Beverage License No. 56-00475, license series 1-APS.

   
   

2. The Petitioner and Respondent stipulated to the facts alleged in the one and only count of the Notice to Show Cause and based upon said stipulation, I find as follows:

   
   

   On or about August 10, 1981, Clayton E. Adams, did violate Section 893.13, Florida Statutes, to wit: Clayton E. Adams did deliver three pounds of marijuana to Jackie Long and did receive $800 for same, in violation of Section 893.13, Florida Statutes within Section 561.29, Florida Statutes.

   
   

3. The licensed premises is located on Highway 85 North in Crestview, Florida, and is a grocery store. There is no on-premises consumption of alcohol.

   
   

4. The transfer and sale of the marijuana by Mr. Adams took place at 10:00 o'clock at night. This was some two hours after the 8:00 o'clock closing time of the Blueberry Grocery and Curb Market. The only connection between this transaction and the licensed premises was the fact that the transfer took place in the parking lot of the Blueberry Grocery and Curb Market.

   
   

5. The Blueberry Grocery and Curb Market is operated primarily by the wife of Clayton E. Adams. Mr. Adams drives a truck full-time and works at the store only on weekends.

   
   

6. Prior to his arrest and charge for the sale of marijuana, Mr. Adams had no prior record and has no other evidence of violation in connection with his beverage license. With regard to the drug charge, the Circuit Court of Okaloosa County withheld adjudication of guilt, placed Mr. Adams on probation for five years, and imposed a $1,000 fine.

   
   

7. As of the date of the hearing in this matter, Mr. Adams had been on probation for approximately one year.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this action.

   
   

9. Section 561.29, Florida Statutes, empowers the Division of Alcoholic Beverages and Tobacco to suspend or revoke the license of any person when it is determined by the Division upon sufficient cause that a violation of the specific provisions of Section 561.29 has occurred.

   
   

10. Section 561.29(b), provides that a license may be revoked or suspended if a licensee is found to have violated the laws of this state.

    
    

11. The sale and transfer of three pounds of by Mr. Clayton E. Adams to Mr. Jackie Long constituted a violation of Section 893.13, Florida Statutes, and thus a violation of Section 561.29(b), Florida Statutes.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby

RECOMMENDED:

That Beverage License No. 56-00475 be revoked but that the revocation be suspended pursuant to Section 561.29(5), Florida Statutes, for a period of four years. It is further recommended that such suspension of the revocation be conditioned upon there being no further violations of the laws of the State of Florida or the rules and regulations of the Division of Alcoholic Beverages and Tobacco. In the event that no such violation has occurred during that four-year period, it is further recommended that the revocation be withdrawn, at the end of the suspension period.

DONE and ORDERED this 20th day of April, 1983, in Tallahassee, Florida.

MARVIN E. CHAVIS, 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 20th day of April, 1983.

COPIES FURNISHED:

William A. Hatch, Esquire Department of Business

Regulation

725 South Bronough Street Tallahassee, Florida 32301

Clayton E. Adams Blueberry Grocery and

Curb Market Highway 85 North Crestview, Florida

Howard M. Rasmussen, Director Division of Alcoholic Beverages and Tobacco

725 South Bronough Street Tallahassee, Florida 32301

Harold F.X. Purnell, Esquire General Counsel

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

Gary Rutledge, Secretary Department of Business Regulation The Johns Building

75 South Bronough Street Tallahassee, Florida 32301

Docket for Case No: 83-000259

Orders for Case No: 83-000259