STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KENNETH OLIVER, t/a CAPRI )

ART THEATRE, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1823

) STATE OF FLORIDA, DIVISION OF ) BEVERAGE, )

)

Respondent. )

)

RECOMMENDED ORDER APPEARANCES

For Petitioner: Kenneth Oliver

715 North Ridgewood Avenue Daytona Beach, Florida 32014

For Respondent: William A. Hatch, Esquire

Department of Business Regulation Division of Beverage

State of Florida Tallahassee, Florida

ISSUE

Whether or not the Division of Beverage was justified in denying Kenneth Oliver, trading as Capri Art Theatre, a beverage license under his application for a beverage license, based upon the fact that Kenneth Oliver was not deemed to be of good moral character, good moral character being a requirement for the issuance of a license as stated in Florida Statutes, 561.15.

FINDINGS OF FACT

1. Traditionally, in application cases the burden of going forth with proof rests with the Petitioner, Applicant. However, in the instant case the parties stipulated to allow the Respondent to offer its case first, in view of the fact that the Petitioner was not represented by an attorney.

   
   

2. The Respondent introduced exhibit number 1 which was a notice of hearing. This exhibit was not objected to by the Petitioner and although the notice of hearing did not grant the statutory requirement of 14 days notice, the Petitioner waived any objections to the 14 day notice, because the Petitioner indicated that he was anxious to proceed to hearing immediately. The Respondent introduced a second exhibit, without objection by the Petitioner, and this exhibit was the letter of denial of application for license.

3. Finally, in the way of proof the Respondent moved to admit a certain document known as a rap sheet, which the Respondent indicated was the basis for denying the license because of lack of good moral character on the part of the Petitioner. This exhibit was shown to the Petitioner in the course of the hearing and a recess was granted for the Petitioner and Respondent to discuss, out of the presence of the hearing officer, the accuracy of those entries found on the rap sheet. Upon return from the recess the present exhibit number 3 which was admitted, was tendered to the hearing officer as being the corrected record of arrests and convictions for criminal offenses and quasi criminal offenses as committed by the Petitioner, Kenneth Oliver.

   
   

4. The only exception taken by the Petitioner to this account of his prior convictions was as related in exhibit number 3, the line pertaining to arrests and convictions for an offense in DeLand, Florida, for possession of nervous system stimulant for which the Petitioner is alleged to have paid a $250 fine based upon a guilty plea. The Petitioner indicated that he did not recall this particular incident. There was no further showing on the part of the Respondent as to the accuracy of this alleged plea of guilty to the offense of possession of nervous system stimulant which supposedly occurred in DeLand, Florida.

   
   

5. The Petitioner, Kenneth Oliver, took the stand in his behalf and indicated that he felt that he should be entitled to the issuance of a beverage license for the purposes as applied for. His reasons for this suggestion were that he was a businessman and that he wanted to make money and that he could make money by selling beer. Additionally, he said that his last arrest for any criminal offense was in 1973, and that his past record should not stand in the way that much. Furthermore, the Petitioner testified in his behalf that he was of good moral character.

   
   

   CONCLUSIONS OF LAW

   
   

6. Upon consideration of the Respondent's exhibit number 3, excepting the alleged offense of DeLand, Florida, dated March 23, 1971, and upon consideration of the remarks made by the Petitioner in his own behalf, the Petitioner has failed to show that he is of good moral character within the meaning of Florida Statutes, 561.16 and the Petitioner is therefore not qualified for the issuance of the category of beverage license for which he has applied. Consequently, the Respondent was justified in denying the Petitioner's application for the issuance of a beverage license.

RECOMMENDATION

It is therefore recommended that the Petitioner's application for a beverage license be denied.

ENTERED this 7th day of November, 1975, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Mr. Kenneth Oliver

715 North Ridgewood Avenue Daytona Beach, Florida 32014

William A. Hatch, Esquire Department of Business Regulation 725 Bronough Street

Tallahassee, Florida 32304

Docket for Case No: 75-001823

Orders for Case No: 75-001823