STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALBERT L. STEWART, )

)

Petitioner, )

)

vs. ) CASE NO. 78-137

)

DEPARTMENT OF BUSINESS )

REGULATION, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Miami, Florida, before the Division of Administrative Hearings, by its duly designated Hearing Officer, Robert T. Benton, II, on February 21, 1978. The parties were represented by counsel:

APPEARANCES

For Petitioner: Mr. Manuel W. James, Esquire

419 Fleming Street

Key West, Florida 33040

For Respondent: Mr. Frances Bayley, Esquire

725 South Bronough Street Tallahassee, Florida 32304

By a letter dated December 9, 1977, respondent indicated its intention to disapprove petitioner's application for transfer of a beverage license on the grounds that petitioner was "not believed to be of good moral character . . . [and because] he swore falsely on his application for license concerning his arrest history in violation of F.S. 837.06." Joint exhibit No. 1. Pursuant to Sections 120.57 and 120.60, Florida Statutes (1977), petitioner was afforded an opportunity to establish his good moral character and to demonstrate that he was otherwise entitled to be licensed by respondent.

FINDINGS OF FACT

1. In May of 1977, petitioner filled out respondent's form DBR 710-L, with the help of Lee Brewer from whom petitioner proposed to buy a bar. Ms. Brewer typed answers to the questions on the form, which petitioner dictated. One of the questions on the form inquired "Have you ever been arrested?" Although petitioner told Ms. Brewer that he had been arrested for traffic offenses, they decided after some discussion to answer the question no. Petitioner signed the form in the place provided, right under the words, "I swear or affirm under penalty of perjury . . . that the foregoing information is true to the best of my knowledge Joint exhibit No. 3. On October 26, 1977, petitioner amended his answer to the question as to arrests by listing six arrests, two of which were for traffic offenses. Joint exhibit No. 2.

2. No other evidence as to petitioner's moral character was adduced.

   
   

   CONCLUSIONS OF LAW

   
   

3. Section 561.15, Florida Statutes (1977), provides that beverage licenses "shall be issued only to persons of good moral character "

Because petitioner failed to establish that he was a person of good moral character, he did not demonstrate that he was entitled to the license he sought.

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That respondent deny petitioner's application for transfer of a beverage license.

DONE and ENTERED this 10th day of March, 1978, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Mr. Manuel W. James, Esquire

419 Fleming Street

Key West, Florida 33040

Mr. Frances Bayley, Esquire The Johns Building

725 South Bronough Street Tallahassee, Florida 32304

Docket for Case No: 78-000137

Orders for Case No: 78-000137