STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JEANETTE JORDAN BROWN, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1629

)

DIVISION OF BEVERAGE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, K. N. Ayers, held a public hearing in the above styled cause on November 20, 1975, at Miami, Florida.

APPEARANCES

For Petitioner: Charles L. Curtis, Esquire

Department of Business Regulation Tallahassee, Florida

For Respondent: Jeanette Jordan Brown

6804 North West 15th Avenue Miami, Florida

By letter dated August 24, 1975, Jeanette Jordan Brown, Petitioner herein, requested a hearing to review the Division of Beverage's disapproval of her application for a license at the Fountain Bleu Patio.

Petitioner acknowledged that her husband, Robert Lewis Brown, was convicted of a felony within the past 15 years, and that the money to start the business came from her husband; however, she contends that since she put in a lot of work to start the business, the business would be in her name, and her husband would not be involved in the business, the license should issue.

The Personal Data Sheet on Mrs. Brown and her husband was admitted into evidence. These confirm that Brown was convicted of a felony in 1969, and sentenced to two years in the state penitentary. It further confirmed the fact that most of the money to start the business had been put up by Brown.

CONCLUSIONS OF LAW

1. Section 561.15 Florida Statutes contains the qualifications required of a licensee. This provides in pertinent part that no license shall be issued to any person who has been convicted in the last past 15 years of any felony in this state. Section 651.17 Florida Statutes provides in pertinent part if the applicant or any person interested with the applicant, either directly or indirectly in the business, is not qualified, the application shall be denied.

2. When applicant's husband put up the money to start the business he acquired a direct interest in the business. Since his felony conviction disqualifies him from obtaining a license, the application was properly denied. It is therefore,

RECOMMENDED that the application of Jeanette Jordan Brown for a beverage license be disapproved and the case dismissed.

DONE and ENTERED this 11th day of December, 1975, in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Charles L. Curtis, Esquire Jeanette Jordan Brown

Docket for Case No: 75-001629

Orders for Case No: 75-001629