Judges: SHARYN L. SMITH
Agency: Department of Business and Professional Regulation
Latest Update: Oct. 31, 1983
Summary: Petitioner failed to record its lein with Division of Alcoholic Beverages and Tobacco (DABT) within ninety days of its creation and therefore, its lien must be denied.
83-2406STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
THE DANIA BANK, )
)
Petitioner, )
)
vs. ) CASE NO. 83-2406
) CHALET OLE & CHULA LIQUORS AND ) DEPARTMENT OF BUSINESS )
REGULATION, DIVISION OF ) ALCOHOLIC BEVERAGES AND TOBACCO, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Sharyn L. Smith, held a formal hearing in this case on October 28, 1983 at 1:30 p.m., in Tallahassee, Florida. The following appearance was entered:
APPEARANCES
For Petitioner: No appearance
For Respondent: James N. Watson, Jr., Esquire
Department of Business Regulation Johns Building
725 South Bronough Street Tallahassee, Florida 32301
The issue for determination at the final hearing was whether the Division of Alcoholic Beverages and Tobacco should accept Petitioner's request to record a lien against alcoholic beverage license number 16-15, issued to Chula, Inc.
At the final hearing, Respondent Division of Alcoholic Beverages and Tobacco's Composite Exhibit 1(a)-(g) was offered and admitted into evidence.
FINDINGS OF FACT
On April 26, 1982, the Petitioner Dania Bank, filed a request with the Respondent Department of Business Regulation, Division of Alcoholic Beverages and Tobacco to record a lien holder's interest against alcoholic beverage license 16-15 issued to the Respondent Chula, Inc., doing business as Chalet Ole and Chula Liquors.
The lien was created on July 3, 1981, and filed with the Secretary of State on August 10, 1981.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this dispute. Section 120.57(1), Florida Statutes.
Pursuant to Section 561.65(4), Florida Statutes, in order to perfect a lien or security interest in a spirituous alcoholic beverage license which may be enforceable against the licensee, the party which holds the lien or security interest, within 90 days of the date of the creation of the lien or security interest, must record the same with the Respondent Division.
In the instant case, the Petitioner attempted to record the lien against the licensee's beverage license approximately nine months after it was created. The Respondent Department, therefore, correctly denied the Petitioner's request.
RECOMMENDATION
Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED:
That a Final Order be entered by the Division of Alcoholic Beverages and Tobacco denying the Petitioner Dania Bank's request to record a lien against alcoholic beverage license number 16-15.
DONE and ENTERED this 31st day of October, 1983, in Tallahassee, Florida.
SHARYN L. SMITH, 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 31st day of October, 1983.
COPIES FURNISHED:
Richard E. Whitney, Vice President The Dania Bank
255 East Dania Beach Boulevard Dania, Florida 33004
James N. Watson, Jr., Esquire Department of Business
Regulation
725 South Bronough Street Tallahassee, Florida 32301
Howard Milan Rasmussen, Director Division of Alcoholic Beverages
and Tobacco
Department of Business Regulation 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
Docket for Case No: 83-002406
Orders for Case No: 83-002406
| Issue Date |
Document |
Summary |
|
Oct. 31, 1983 |
Recommended Order
|
Petitioner failed to record its lein with Division of Alcoholic Beverages and Tobacco (DABT) within ninety days of its creation and therefore, its lien must be denied.
|
