STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIVISION OF BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-211

)

ESTHER WOODS VICKERY, t/a )

Vickery's Grocery, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice, a public hearing was held before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration, on March 22, 1976, 9:00 a.m. at the Marianna Suboffice, District II, Division of Beverage, 614 East Clinton Street, Marianna, Florida.

APPEARANCES:

For Petitioner: Charles Tunnicliff, Esquire

Staff Attorney Division of Beverage The Johns Building

Tallahassee, Florida 32304

For Respondent: Franklin R. Harrison, Esquire

Davenport, Johnston, Harris, Gerde, and Harrison

406 Magnolia Avenue

Panama City, Florida 32401 ISSUE

Whether the Respondent should be issued a beverage license on the premises known as "Vickery's Grocery".

FINDINGS OF FACT

1. Applicant, Ester Woods Vickery, applied for a beverage license for the premises known as "Vickery's Grocery" located one mile south of Bear Creek on

   U.S. Highway 231, Bay County, Florida. Said application was denied by the Petitioner for the following reason:

   
   

   "Husband of applicant who has a direct or indirect interest In the business has been convicted of felonies in the past 15 years."

   
   

2. Respondent requested a hearing contending that she is the sole owner of the business and that her husband has no direct or indirect interest in the

   business and is merely one of her paid employees. The Petitioner contends that the business was bought using funds from an account of Mrs. Vickery, the money of which was obtained from the sale of property owned jointly by Mr. and Mrs.

   Vickery. The Petitioner further contends that it is a man's obligation to support his wife and that Mr. Vickery's sole support is his work with Vickery's Grocery; that the conviction of Mr. Vickery of felonies during the past 15 years which involved the sale of "moonshine liquors" makes it mandatory under Section

   561.15 and Section 561.17, Florida Statutes, that the application for a beverage license be denied.

   
   

3. It was admitted by the Respondent that Esther Woods Vickery is married to a person who has been convicted of felonies in the past 15 years. It was also admitted by the Respondent that Mr. and Mrs. Vickery owned jointly property from which timber was cut and sold and the profit was deposited in a savings account in the name of Mrs. Vickery.

   
   

4. The savings account from which money was drawn to purchase Vickery's Grocery was in Mrs. Vickery's name alone. Said savings account was established at some time before the purchase of Vickery's Grocery. The business was purchased from Mr. Hickman, the owner of the premises, who testified that he had leased the premises to Mrs. Vickery; that he had made all negotiations concerning the lease and the selling of the business with Mrs. Vickery and that he had not dealt in any way with Mr. Vickery in regard to the sale of the property. Mr. Hickman lives near the grocery business and testified that Mrs. Vickery runs the business herself.

   
   

5. Mr. Vickery, the husband of the Respondent, is shown on the payroll to be on the payroll of Mrs. Vickery and draws a specified salary payment for work in the business which involves the sale of gas and oil and well as groceries.

   
   

6. The Hearing Officer further finds:

   
   

   That the Respondent, Esther Woods Vickery, is the sole owner of the establishment known as "Vickery's Grocery" and that the husband of Mrs. Vickery is an employee of the establishment and has no direct or indirect interest in the business.

   
   

   CONCLUSIONS OF LAW

   
   

7. Section 561.15, F.S., enumerates the qualifications a person must have to be issued a license by the Division of Beverage. Section 561.17, F.S., delineates the manner in which applications for licenses may be entered and prohibits the issuance of a license if the applicant or any person interested with the applicant either directly or indirectly in the business is not qualified for a license. Mr. Vickery is not a qualified person eligible to secure a license under Chapter 561, F.S., but Mr. Vickery is not an applicant and has no direct or indirect interest in the business as prohibited by Section 561.17, F.S.

RECOMMENDATION

Approve the application for a beverage license of Esther Woods Vickery for the business premises "Vickery's Grocery", providing she meets all other requirements than those which are the subject of the disapproval of her application and of this hearing.

DONE and ORDERED this 7th day of May, 1976.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Charles Tunnicliff, Esquire Staff Attorney

Division of Beverage The Johns Building

Tallahassee, Florida 32304

Franklin R. Harrison, Esquire

406 Magnolia Avenue

Panama City, Florida 32401

Charles Nuzum, Director Division of Beverage

Department of Business Regulation The Johns Building

Tallahassee, Florida 32304

Docket for Case No: 76-000211

Orders for Case No: 76-000211