STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIVISION OF ALCOHOLIC )

BEVERAGES AND TOBACCO, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1887

)

DIRT ROAD SPORTSMEN CLUB, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard on November 9, 1978, in the Municipal Courtroom, City Hall, Lake Wales, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

This case was presented on the application of Dirt Road Sportsmen Club for a beverage license under the provisions of Section 561.20(7)(a)3, Florida Statutes. The Division of Alcoholic Beverages and Tobacco denied the application for the license on the basis that the applicant's officers did not meet the moral requirements of Section 561.15; the proposed location lacked the necessary sanitation requirements of Section 561.17(2), Florida Statutes; and the applicant did not possess the necessary qualifications with respect to being devoted to promoting community, municipal or county development as required by Section 561.20(7)(a)3, Florida Statutes.

APPEARANCES

For Petitioner: Mary Jo Gallay

Department of Business Regulation 725 South Bronough

Tallahassee, Florida 32304

For Respondent: Leroy Smith, President

Dirt Road Sportsmen Club

423 North 8th Street

Haines City, Florida 33844

Both parties presented evidence in the proceeding and the factual issues presented were whether the Dirt Road Sportsmen Club was an organization devoted to promoting community, municipal or county development, whether its officers lacked the moral character required by the statutes, and whether the facility lacked the necessary sanitary requirements.

FINDINGS OF FACT

1. Dirt Road Sportsmen Club, Inc. is a non-profit corporation incorporated under the laws of Florida.

2. Dirt Road Sportsmen Club filed an application for a beverage license pursuant to the provisions of Section 561.20(7)(a)3 as a non-profit corporation devoted to promoting community, municipal, or county development or any phase of community development, municipal or county development.

   
   

3. Newspaper clippings, a letter, and the testimony of a city commissioner of Lake Wales, Florida, established that Dirt Road Sportsmen Club is a non- profit corporation of adult, black, males which was organized and incorporated several years prior to the date of its application. Its activities have centered on promoting voter awareness and participation in elections within the black community; beautification and improvement of the black community; social functions within the black community; and financial assistance to the victims of fire and other accidents; and financial assistance to individuals, groups, and athletic teams participating in various events.

   
   

4. The sanitation requirements of its facility were initially approved by the appropriate authorities; however, because of the delay on its application during which its facility could not be used and because of opposition to the location of its facility, the facility was vandalized and the interior of the facility virtually destroyed. The testimony of the health inspector who conducted the secondary inspection revealed that the interior of the facility had been completely redone prior to the institution of the application request, but that the floors, walls, doors, and windows had been destroyed within the facility.

   
   

5. Evidence was introduced that a records check conducted by an agent of the Division revealed that some of the applicant's officers had been arrested for the unlicensed selling of alcoholic beverages, but that the charges, which were over two years old at the time of the hearing had never been resolved or prosecuted. This was the extent of the information available reflecting adversely on the character of the applicant's officers. The organization's president was recognized by the Lake Wales commissioner who testified in the proceeding as being known in the community as a reputable individual possessed of good character.

   
   

   CONCLUSIONS OF LAW

   
   

6. The application of Dirt Road Sportsmen Club, Inc. for a beverage license was submitted to provisions of Section 561.20(7)(a)3, Florida Statutes. This provision provides that there shall be no limitation as to the number of licenses issued to non-profit corporations or clubs devoted to promoting community, municipal, or county development or any phase of community, municipal or county development.

   
   

7. The facts show that Dirt Road Sportsmen Club, Inc. is such a non-profit corporation promoting community development, awareness, and beautification within the black community of Lake Wales, Florida. The activity of this organization has been publicized in the local media and it has been granted permits for its activities by the City of Lake Wales.

   
   

8. Section 561.15(1), Florida Statutes, provides that licenses shall be issued only to persons of good moral character who are not less than eighteen years of age and to corporations whose officers are of good moral character and not less than eighteen years of age.

   
   

9. The facts show that the only evidence reflecting adversely on the character of any of the applicant's officers was the arrest of several of them

   for the unlicensed sale of alcoholic beverages. These charges, although pending in the local court, have not been resolved or prosecuted in over two years.

   While an arrest can lead to evidence of a lack of good moral character, it is not conclusive when the charges against the individual have not been resolved. Because the charge has been pending for over two years and has not been prosecuted, there is an indication of prosecutorial disinterest in proceeding in this case. The total burden for resolution of these charges cannot be placed solely on the applicant's officers who were arrested, because there are indications that agents of the Division were involved in the arrest and because prosecution would be under the statutes administered by the Division. These arrests should not disqualify the corporation from obtaining its license.

   
   

10. The provisions of Section 561.17(2), Florida Statutes, provide that the place of business meet all the sanitary requirements of the State. The initial inspection of the facility indicated that the licensed premises met these requirements; however, during the period that this application was been pending, the interior of the business premises has been destroyed. Because the premises does not meet these requirements, the application must be denied; however, if the premises is repaired and made to meet these requirements, there would be no impediment to the issuance of the license for which the applicant applied.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend that the license be denied until the premises is determined to meet the sanitary requirements of the statutes.

DONE and ORDERED this 28th day of November, 1978, in Tallahassee, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Leroy Smith, President Dirt Road Sportsmen Club

423 North 8th Street

Haines City, Florida 33844

Mary Jo Gallay

Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32304

Charles A. Nuzum, Director Division of Alcoholic Beverages

and Tobacco

725 South Bronough Street Tallahassee, Florida 32304

Docket for Case No: 78-001887

Orders for Case No: 78-001887