Judges: CHARLES C. ADAMS
Agency: Department of Business and Professional Regulation
Latest Update: Dec. 22, 1976
Summary: Petition for transfer of beverage license denied because convicted of felony in Ohio within last fifteen years of date of proposed transfer. Deny transfer.
76-1930.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
WILLIAM E. TERRELL t/a )
BILL'S GROCERY, )
)
Petitioner, )
)
vs. ) CASE NO. 76-1930
) STATE OF FLORIDA, DIVISION OF ) BEVERAGE, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice a hearing was held before Charles C. Adams, Hearing Officer with the Division of Administrative Hearings, on November 17, 1976, at the District Office of the State of Florida, Division of Beverage in Miami, Florida.
APPEARANCES
For Petitioner: William E. Terrell
67 Avenue East
Key West, Florida 33040
For Respondent: William Hatch, Esquire
Johns Building
Tallahassee, Florida 32304 FINDINGS OF FACT
On May 23, 1976, the Petitioner, William E. Terrell, made application to transfer a State of Florida, Division of Beverage, license No. 54-405, Series 2-APS, which was held by Augustus Swearinger. The premises for which this license pertained, was and is located at Second Street and Avenue East, Big Coppitt Key, Monroe County, Florida.
By letter of August 17, 1976, the State of Florida through the Director of the Division of Beverage denied the application based upon the assertion that the Petitioner had been convicted of a felony in the past 15 years and was prohibited from holding a beverage license due to the conditions of s. 561.15, F.S..
On November 17, 1976, a s.120.57(1), F.S. hearing was held before the undersigned on the question of application for license transfer. At the hearing it was determined that the Petitioner had plead guilty to unarmed robbery, two counts, in Lorain County, Ohio on August 27, 1962 and was granted three years probation. This violation was of s. 901.12, Laws of Ohio, and constituted a plea to a felony. The Petitioner indicated that he was convicted of this felony and this testimony was unrefuted.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction in this cause.
It is concluded as a matter of law that the Petitioner (applicant) is not entitled to hold a license with the State of Florida, Division of Beverage. This conclusion is reached based upon the language of s. 561.15(2), F.S., which says in part: "... or who has been convicted in the last 15 years of any felony in this state; or who had been convicted in any other state or the United States, of any offense designated as a felony by such state or the United States; ... the term conviction shall include an adjudication of guilt on a plea of guilty or nolo contendere or the forfeiture of a bond when charged with a crime." It was shown in the course of the hearing that the Petitioner had plead guilty on August 27, 1962 which was within 15 years of the application or date of hearing. Therefore, in view of this plea of guilty and the statement of the Petitioner that he was convicted and absent a showing by the Petitioner that an adjudication of guilt was withheld, the Petitioner is not entitled to be granted a license.
RECOMMENDATION
It is recommended that the application for license no. 54- 405, series 2- APS, as applied for by the Petitioner be denied.
DONE and ENTERED this 22nd of December, 1976, in Tallahassee, Florida.
CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
COPIES FURNISHED:
William E. Terrell
67 Avenue East
Key West, Florida 33040
William Hatch, Esquire Johns Building
Tallahassee, Florida 32304
Docket for Case No: 76-001930
Orders for Case No: 76-001930
| Issue Date |
Document |
Summary |
|
Dec. 22, 1976 |
Recommended Order
|
Petition for transfer of beverage license denied because convicted of felony in Ohio within last fifteen years of date of proposed transfer. Deny transfer.
|
