STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In re: Assesment of civil penalty ) against or the revocation )

or the suspension of the ) CASE NO. 75-1821 license of Virginia Resort ) DABT CASE NO. 8-75-105A Franchise, d/b/a Holiday )

Inn, Biscayne Blvd., )

Miami, Florida, )

)

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 Curtis, Esquire,

Division of Business Regulations

For Respondent: Samuel Goldstein, Esquire

2401 West Flagler Street Miami, Florida

By Notice to Show Cause dated September 2, 1975, the Division of Beverage seeks to assess civil penalty, revoke or suspend the license of Virginia Holiday Resort trading as Holiday Inn, Biscayne Blvd. on the allegation that licensee entered into an agreement with Ernest Franzone relinquishing all or part of the control of licensed premises in violation of Rule 7A-3.17FAC.

At the hearing the parties stipulated that there was a technical violation of Rule 7A-3.17FAC, that when licensee learned that its management contract violated the rule it immediately corrected the situation, and it is no longer in violation.

From the foregoing it is concluded that licensee is guilty as alleged. It is therefore,

RECOMMENDED that Virginia Resort Franchise trading as Holiday Inn Biscayne Blvd. be assessed a civil penalty in the amount of $200.

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 Curtis, Esquire Samuel Goldstein, Esquire

Docket for Case No: 75-001821

Orders for Case No: 75-001821