STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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

)

Petitioner, )

)

vs. ) CASE NO. 83-565

) BILLY FREEMAN, t/a THE MUG, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this matter by Marvin E. Chavis, duly designated Hearing Officer with the Division of Administrative Hearings, on April 28, 1983, in Jacksonville, Florida.

APPEARANCES

For Petitioner: James N. Watson, Jr. Esquire

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

For Respondent: No Appearance

ISSUES AND BACKGROUND

This case arises out of a Notice to Show Cause dated January 13, 1982, served by the Petitioner upon the Respondent requiring that the Respondent show cause as to why his Beverage License No. 26-02065 should not be suspended, revoked, or otherwise disciplined for having committed violations of the laws of Florida, and thus, a violation of Florida Statutes 561.29(1)(b). On January 28, 1982, the Respondent, by and through his attorney, Lacy Mahon, Jr., requested, in writing, a formal hearing pursuant to Section 120.57, Florida Statutes. On March 30, 1983, a Notice of Hearing scheduling the formal hearing in this matter for April 28 and 29, 1983, was served upon Mr. Lacy Mahon, Esquire, attorney for the Respondent. Prior to the formal hearing, Mr. Mahon contacted Mr. Watson, counsel for the Petitioner, and informed him that his client, Mr. Billy Freeman, had requested that he not appear at the hearing on behalf of Mr. Freeman and that Mr. Freeman also would not appear. The undersigned Hearing Officer also received an ex parte communication from the Respondent, Mr. Billy Freeman, inquiring as to the purpose of the formal hearing, and I explained to him that a Notice to Show Cause had been filed against his beverage license and that if he had any further questions, he should contact either his attorney or Mr. James Watson of the Division of Alcoholic Beverages and Tobacco. The Respondent nor his attorney appeared at the formal hearing in this matter.

The petitioner presented as its evidence three exhibits. Petitioner's Exhibit 1 is an indictment charging the Respondent with burglary and arson dated June 4, 1982. Petitioner's Exhibit 2 is a certified copy of a judgment convicting the Respondent of arson in violation of Florida Statute 806.01(2).

And Petitioner's Exhibit 3 was a late filed exhibit reflecting the license status and license number of the Respondent's beverage license. The Respondent did not appear, and, therefore, did not present any evidence.

FINDINGS OF FACT

1. The Respondent, Billy Freeman d/b/a The Mug, holds Beverage License No. 26-02065, Series 2-COP.

   
   

2. On August 10, 1982, the Respondent, Billy Freeman, was convicted of arson, a second degree felony, in violation of Florida Statute 806.01(2). The Respondent was adjudicated guilty and sentenced to imprisonment for a term of 18 months. The conviction occurred in the Circuit Court of Duval County, Florida, Case No. 81-11038CF.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

4. Florida Statute 561.29 (1981), empowers the Division of Alcoholic Beverages and Tobacco to revoke a beverage license upon any of those grounds set forth in Section 561.29.

   
   

5. Section 561.29(1)(b), Florida Statutes, provides that a beverage license may be suspended, revoked, or otherwise disciplined when it is determined there has been a violation by the licensee of any of the laws of this state.

   
   

6. Section 561.15(2), Florida Statutes (1981), provides in relevant part:

   
   

   No license under the beverage law shall be issued to any person who has been convicted

   . . . in the last 15 years of any felony in this state. . .

   
   

7. The Respondent was convicted and adjudicated guilty of a violation of Florida Statute 806.01(2), arson, on August 10, 1982. Arson, under Section 806.01(2), is a second degree felony. By violating the laws of the State of Florida, the Respondent is guilty of a violation of 561.29(1)(b).

   
   

8. Having been convicted of a felony, the Respondent ceases to meet the qualifications required in order to hold a beverage license as provided in Florida Statute 561.15 (1981).

RECOMMENDATION

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

That the Beverage License No. 26-02065, 2-COP be revoked.

DONE and ENTERED this 25th day of May, 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 25th day of May, 1983.

COPIES FURNISHED:

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

Lacy Mahon, Esquire

350 East Adams Street Jacksonville, Florida 32202

Mr. Howard M. Rasmussen Director

Division of Alcoholic Beverages and Tobacco

725 South Bronough Street Tallahassee, Florida 32301

Mr. Gary Rutledge Secretary

Department of Business Regulation

725 South Bronough Street Tallahassee, Florida 32301

Docket for Case No: 83-000565

Orders for Case No: 83-000565