STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

NARD'S INC., d/b/a )

NARD'S, )

)

Petitioner, )

)

vs. ) CASE NO. 80-662

)

DIVISION OF ALCOHOLIC )

BEVERAGES AND TOBACCO )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Lauderhill, Florida, before the Division of Administrative Hearings, by its duly designated Hearing Officer, Robert T. Benton, II, on April 15, 1980. The parties were represented by counsel:

APPEARANCES

For Petitioner: Kenneth Marc, Esquire

2809 N.E. 24th Street

Ft. Lauderdale, Florida 33305

For Respondent: Daniel C. Brown, Esquire

725 South Bronough Street Tallahassee, Florida 32301

After petitioner applied for authority to change- corporate officers so as to name John Cannon vice-president of the corporation,. respondent disapproved the application by letter dated July 5, 1978, citing Section 561.15, Florida Statutes (1979) , on the grounds that "[o]ne of applicants convicted of a felony in past 15 years."

FINDINGS OF FACT

1. At the hearing, the parties stipulated that John Cannon has worked 30 to 12 years as a bartender; that Mr. Cannon was adjudicated guilty in Florida of a felony, possession of more than 100 pounds of marijuana, in July of 1977; that he spent some six and a half months in jail as a condition of probation a a result; that he has not been pardoned; and that his civil rights have not otherwise been restored.

   
   

   CONCLUSIONS OF LAW

   
   

2. By statute, respondent is forbidden to issue licenses to anybody "who had been convicted in the last past 15 years of any felony in his state . . . or to a corporation, any of whose officers shall have been so convicted." Section 561.15 (2) , Florida Statutes (1979). petitioner's contention that Section 112.011, Florida Statutes (1979), somehow abrogates this requirement

must be rejected. Subsection (1)(a) applies only to employment "by the State, any of its agencies or political subdivisions, or any municipality." Section 112.011(1)(a), Florida Statutes (1979). Subsection (1)(b) does apply to licensing but only with respect to convicted persons "whose civil rights have been restored." Section 112.011(1)(b) , Florida Statutes (1979). In short, Section 112.011, Florida Statutes (1979), is inapposite to the present case.

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That respondent deny petitioner's application for change of officers DONE and ENTERED this 14th day of May, 1980, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

904/488-9675

COPIES FURNISHED:

Kenneth Marc, Esquire 2809 N.E. 24th Street

Ft. Lauderdale, Florida 33305

Daniel C. Brown, Esquire 725 South Bronough Street Tallahassee, Florida 32301

Docket for Case No: 80-000662

Orders for Case No: 80-000662