STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JIMMY COBBS, )

)

Petitioner, )

)

vs. ) CASE NO. 78-2134

) DABT NO. 23-655-3-PS

DIVISION OF ALCOHOLIC )

BEVERAGES AND TOBACCO, )

)

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 December 5, 1978. The parties were represented by counsel:

APPEARANCES

For Petitioner: Alan S. Ross, Esquire

444 Brickell Avenue, Suite 700 Miami, Florida 33131

For Respondent: Dennis E. LaRosa, Esquire

Staff Attorney

725 South Bronough Street Tallahassee, Florida 32304

By letter dated June 27, 1978, Charles A. Nuzum, on behalf of respondent, advised petitioner that his application for transfer of a beverage license had been disapproved because the "[a]pplicant [was] not believed to be of good moral character," citing Section 561.15, Florida Statutes (1977). Neither petitioner nor anybody else testified at the hearing, but petitioner introduced three exhibits and, respondent introduced a single composite exhibit.

FINDINGS OF FACT

1. Petitioner has been repeatedly convicted of offenses against the criminal law, from vagrancy on December 31, 1958, to gambling on May 3, 1976. He has been convicted in the courts of three states on various charges, including assault and battery, aggravated assault and battery, carrying a concealed weapon, destroying city property, disturbing the peace, resisting arrest, battery on a police officer, non-support, possession of dangerous drugs and possession of marijuana. In addition, he was arrested for and charged with assignation and vagrancy; and posted bonds which were forfeited.

   
   

2. According to a personal questionnaire petitioner filled out on March 16, 1978, petitioner is single; he has been employed at the same place since 1976; and he has lived at the same address since 1974.

   CONCLUSIONS OF LAW

   
   

3. Respondent is authorized to issue licenses in the first instance, or to transfer licenses already issued, "only to persons of good moral character Section 561.15 (1), Florida Statutes (1977). Once respondent disapproved petitioner's application, "stat[ing] with particularity the grounds," Section 120.60(2), Florida Statutes (1977), it was incumbent on petitioner to demonstrate his good moral character. Since the evidence adduced at the hearing was insufficient to establish that petitioner is a person of good moral character, it is

RECOMMENDED:

That respondent's disapproval of petitioner's application be upheld.

DONE and ENTERED this 20th day of December, 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:

Alan S. Ross, Esquire

444 Brickell Avenue Suite 700

Miami, Florida 33131

Dennis E. LaRosa, Esquire Staff Attorney

725 South Bronough Street Tallahassee, Florida 32304

Docket for Case No: 78-002134

Orders for Case No: 78-002134