STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

THE DELI, INC., D/B/A )

THE FOLLIES, )

)

Petitioner, )

)

vs. ) CASE NO. 77-342

) STATE OF FLORIDA, DIVISION OF ) BEVERAGE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings, at 3:00 P.M., April 15, 1977, at 1934 Beachway Road, Jacksonville, Florida.

APPEARANCES

For Petitioner: Harry Katz, Jr., Esquire

337 East Forsyth Street Jacksonville, Florida 32202

For Respondent: Charles T. Collett, Esquire

Staff Attorney

Office of the General Counsel 725 South Bronough Street

The Johns Building Tallahassee, Florida 32304

ISSUE

Whether or not the application filed by the Petitioner, The Deli, Inc., t/a The Follies, to hold a new series 4-COP, SRX license with the State of Florida, Division of Beverage should be granted.

FINDINGS OF FACT

1. The Petitioner, The Deli, Inc., t/a The Follies, made application to receive a series 4-COP-SRK license from the State of Florida, Division of Beverage. This application was made on December 9, 1976 as shown by the Respondent's Exhibit 1, admitted into evidence and made a part of this record. After reviewing the application the Respondent, State of Florida, Division of Beverage, through its Director, filed a letter of disapproval of the application on January 27, 1977. A copy of this letter is Respondent's Exhibit 2, admitted into evidence and made a part of this record. The letter of denial indicated that the reason for denial was based upon the fact that the corporate officer one, Eugene O. Bernard, was not of good moral character, within the meaning of

   s. 561.15, F.S. Mr. Bernard is the president of the Petitioner, corporation.

2. In the course of the hearing the Petitioner produced witnesses who established Eugene O. Bernard to be a man of good moral character and in the course of that presentation made out a prima facie case to show good moral character. (It would appear from the position of the parties that the President, Eugene O. Bernard, is over the age of 21 years)

   
   

3. The Respondent, State of Florida, Division of Beverage, failed to establish any evidence which would impute the individual good moral character of Eugene O. Bernard, president of the Petitioner, corporation.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction in this cause.

   
   

5. Petitioner, The Deli, Inc., has made a satisfactory showing of the good moral character of the individual corporate officer, Eugene O. Bernard, the president of the Petitioner, corporation. This showing is unrefuted by the Respondent, State of Florida, Division of Beverage and any denial of the license application premised upon a lack of good moral character of Eugene O. Bernard, the Petitioner's president and corporate officer, under the authority of s. 561.15(1), F.S. is not well founded.

RECOMMENDATIONS

Based upon the facts as established in this cause it is recommended that any disapproval of the license application which has been made by the Petitioner, The Deli, Inc., t/a The Follies, for a new series 4-COP-SRX license to be held with the State of Florida, Division of Beverage, which disapproval is premised upon the lack of good moral character of the corporate officer, Eugene

O. Bernard, be dismissed.

DONE AND ORDERED this 21st day of April, 1977, in Tallahassee, Florida.

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

(904) 488-9675

COPIES FURNISHED:

Harry Katz, Jr., Esquire

337 East Forsyth Street Jacksonville, Florida 32202

Charles T. Collett, Esquire Staff Attorney

Office of the General Counsel 725 South Bronough Street Tallahassee, Florida 32304

Docket for Case No: 77-000342

Orders for Case No: 77-000342