STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOSEPH BLUM, )

)

Petitioner, )

)

vs. ) CASE NO. 77-488

)

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 1300 West Lee Road, Orlando, Florida on March 15, 1977.

APPEARANCES

For Petitioner: Joseph Edward Blum

4314 Meadow Brook Avenue Orlando, Florida 32508

For Respondent: Charles Collett, Esquire

Division of Beverage 725 Bronough Street The Johns Building

Tallahassee, Florida 32304 ISSUE

Whether or not the Petitioner, Joseph Edward Blum, should be allowed to serve as a bartender for the Pine Hills Post No. 8152, V.F.W. located at 4621 Pine Hills Road, Orlando, Florida, 32808.

FINDINGS OF FACT

1. On April 2, 1973, the Petitioner, Joseph Blum, entered a plea of guilty to the offense of possession of marijuana for sale, in state court, San Diego, California. This offense is a felony offense in the State of California, and for his plea of guilty the Petitioner received a sentence of 3 years probation following a 30 day period of incarceration.

   
   

2. The Petitioner moved to Orlando, Florida and took a position of employment with the Pine Hills Post No. 8152, V.F.W., which duties included acting as a bartender, serving alcoholic beverages in those premises. In a routine check of the employees of the Pine Hills Post No. 8152, V.F.W., the Respondent, State of Florida, Division of Beverage, discovered that Joseph Blum had been convicted of a felony in the State of California. This discovery was made through information given by Edward Blum to the Division of Beverage.

3. On January 31, 1977, the Respondent, State of Florida, Division of Beverage, wrote the officials of the Pine Hills Post No. 8152, V.F.W. and indicated that Joseph Blum should be removed as an employee of the V.F.W. Post, because the Pine Hills Post No. 8152, V.F.W., holds a liquor license with the State of Florida, Division of Beverage, and the Respondent contended that the Section 562.13, F.S., would not allow Blum's employment. This decision by the State of Florida, Division of Beverage was challenged and brought the current consideration of the case before the State of Florida, Division of Administrative Hearings.

   
   

4. The facts in this case establish the aforementioned felony conviction. However, testimony of members of the Pine Hills Post No. 8152, V.F.W. and other members of the community in which the Petitioner lives demonstrates that the Petitioner is a person of good reputation and a reliable employee.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

6. A change was enacted in Section 562.13, F.S., which became effective on October 1, 1976. The new provision stated the following:

   
   

   "Section 562.13(3)(a) It is unlawful for any vendor licensed under the beverage law to employ as a manager or person in charge, or as a bartender any person:

   
   

   1. Who has been convicted within the last past 5 years of any offense against the beverage laws of this state, the United States, or any other state.

   2. Who has been convicted within the last past 5 years in this state of any other state or the United States of soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, or illegally dealing in narcotics.

   3. Who has, in the last past 5 years, been convicted of any felony in this state, any other state, or the United States.

      
      

      The term "conviction" shall include an adjudication of guilt on a plea of guilty or nolo contendere or forfeiture of a bond when [such person is] 2/ charged with a crime."

      
      

7. An examination of the law as currently stated, would show that Joseph Blum is not entitled to serve as a manager, or person in charge, or a bartender in the, Pine Hills Post No. 8152, V.F.W., which holds liquor license with the State of Florida, Division of Beverage. This conclusion must be reached, notwithstanding the Petitioner's present good reputation and desirable employment recard.

RECOMMENDATIONS

It is recommended that the request that Joseph Blum, Petitioner, has made to continue as a bartender in the Pine Hills Post No. 8152, V.F.W., be denied.

DONE AND ENTERED this 7th day of April, 1977, in Tallahassee, Florida.

CHARLES C. ADAMS

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

COPIES FURNISHED:

Joseph Edward Blum

4314 Meadow Brook Avenue Orlando, Florida 32808

Charles Collett, Esquire Division of Beverage

725 Bronough Street

Tallahassee, Florida 32304

Kenneth Klinsky, Post Commander Pine Hills Post No. 8152

V. F.

Post Office Box 15233 Orlando, Florida 32808

Docket for Case No: 77-000488

Orders for Case No: 77-000488