STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIVISION OF ALCOHOLIC BEVERAGES ) AND TOBACCO, DEPARTMENT OF ) BUSINESS REGULATION, STATE OF ) FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 77-2248

) JAMES R. ROGERS t/a RAY'S TAVERN )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on January 12, 1978 at West Palm Beach, Florida.

APPEARANCES

For Petitioner: Dennis E. LaRosa, Esquire

Division of Alcoholic Beverages and Tobacco

725 South Bronough Street Tallahassee, Florida

For Respondent: James R. Rogers was not present.

ISSUE

By Notice to Show Cause filed December 19, 1977, the Division of Alcoholic Beverages and Tobacco, Petitioner, seeks to revoke, suspend or otherwise discipline the alcoholic beverage license number 60-0883 issued to James R. Rogers, trading as Ray's Tavern. As grounds therefor it is alleged that Rogers, in order to secure a license to sell alcoholic beverages, made false written statements to the agents of Respondent in violation of 537.06 and 561.29 F.S. One witness was called by Petitioner and four exhibits were admitted into evidence.

FINDINGS OF FACT

1. On December 21, 1977, notice of the hearing scheduled to commence on January 12, 1978 at 1457 N. Military Trail, West Palm Beach, Florida was served on Respondent by a beverage agent of Petitioner. (Exhibit 1)

   
   

2. In answer to question 13 on the application for Transfer of Alcoholic Beverage License, which asked "Has a license covering the place described in this application or any other place in which any of' the above named persons

   were at the time interested ever been revoked by the Director?" Respondent answered "No". (Exhibit 2).

   
   

3. By Order of the Director of the Division of Beverages dated September 30, 1955 (Exhibit 3) the alcoholic beverage license issued to James R. Rogers, Curley's Tavern, aka Ray's Tavern was revoked for maintaining gambling paraphernalia and permitting gambling on the licensed premises.

   
   

   CONCLUSIONS OF LAW

   
   

4. Chapter 537 F.S. relates to the licensing and regulation of yacht and shipbrokers and Section 537.06 provides in pertinent part:

   
   

   "(3) The Division [of General Business Regulation of the Department of Business Regulation] may suspend or revoke the license of a broker or salesmen who commits any of the following acts:

   1. Makes a substantial and intentional misrepresentation upon which any person has relied."

      
      

5. The qualifications of applicants for alcoholic beverage licenses are contained in Section 561.15 F.S. which provides in part that licenses shall be issued only to persons of good moral character. Subsection (3) thereof provides:

   
   

   "The Division [of Beverages may refuse to issue a license under the Beverage Law to any person, firm, or corporation whose license under the Beverage Law has been revoked, or to any corpora- tion, any officer of which has had his license under the Beverage Law revoked, or to any person who is, or has been an officer of a corporation whose license has been revoked under the Beverage Law. Any license issued to a person, firm, or

   corporation prohibited from obtaining such license under the Beverage Law, may be revoked by the division."

   
   

6. Section 561.29 F.S. provides that the license of a person holding a beverage license may be revoked, inter alia, upon sufficient cause appearing of:

   
   

   "(b) Violation by the licensee ... of any laws of this state

   
   

7. Chapter 537 F.S. relates to Yacht and Shipbrokers and the provisions in Section 537.06(3)(a) above quoted apply only to yacht and shipbrokers and not to other licensees including alcoholic beverage licensees. Making a substantial and intentional misrepresentation upon which the Director of the Division of Alcoholic Beverages relied in granting a license is not, by virtue of Section 537.06(3)(a) F.S., grounds for revocation of the license issued to Respondent.

   
   

8. Here the evidence was uncontradicted that Respondent made a false statement under oath which statement induced the consent of the Division of Beverage to the transfer of the alcoholic beverage license here involved to Respondent.

9. Making a false statement under oath is evidence that the maker thereof is not a person of good moral character. No evidence to the contrary was here presented.

   
   

10. Section 561.15 F.S. clearly prohibits the issuance of an alcoholic beverage license to a person not of good moral character and sub-paragraph (3) thereof provides for the revocation of licenses erroneously issued to persons prohibited from holding such licenses.

    
    

11. From the foregoing it is concluded that, prior to the time the transfer of the alcoholic beverage license to the Respondent was approved, Respondent was not a person of good moral character and was prohibited by section 561.15 F.S. from holding such license. His license is therefore subject to revocation by the Division of Beverage. It is therefore,

RECOMMENDED that the Alcoholic Beverage License No. 60-0883 issued to James

R. Rogers t/a Ray's Tavern be revoked.

DONE and ENTERED this , 25th day of January, 1978, in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Dennis E. LaRosa, Esquire Division of Alcoholic Beverages

and Tobacco

725 South Bronough Street Tallahassee, Florida

James R. Rogers 1137 Locust Street

West Palm Beach, Florida 32305 and

James R. Rogers 1400 Southern Blvd. Palm Beach County

Cloud Lake, Florida 33406

Docket for Case No: 77-002248

Orders for Case No: 77-002248