STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIVISION OF ALCOHOLIC BEVERAGES ) AND TOBACCO, )

)

Petitioner, )

)

vs. ) CASE NO. 81-938

) OKEECHOBEE PUB CLUB AND PACKAGE ) STORE, INC., d/b/a OKEECHOBEE PUB ) CLUB AND PACKAGE STORE, )

)

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 May 21, 1981, in Miami, Florida. Rene Valdes, 1710 Northwest 17th Street, Miami, Florida 33125, appeared as a qualified representative on behalf of respondent. Petitioner was represented by counsel:

APPEARANCES

For Petitioner: Dennis E. LaRosa, Esquire

725 South Bronough Street Tallahassee, Florida 32301

By notice to show cause, petitioner alleged that "on or about August 27, 1980, . . . Romulo Banos, an officer, director and sol[e] stockholder of [respondent] . . . plead[ed] guilty and was convicted in the U.S. District Court, Eastern District of Louisiana, New Orleans Division, of the offense of Title 21 USC 963, conspiracy to import marijuana, a felony . . . in violation of FSS 561.29(1)(b)" and that respondent's "qualifications to . . . continue holding an alcoholic beverage license . . . ha[ve] become impaired pursuant to FSS 561.15(3)" as a result.

The parties stipulated to the facts alleged in the notice to show cause and stipulated to proceeding pursuant to Section 120.57(1), Florida Statutes (1979). This stipulation is the basis of the following:

FINDINGS OF FACT

1. Romulo Banos, officer, director, and sole stockholder of respondent was convicted, on his guilty plea, of a felony under federal law on August 27, 1980, viz., a violation of Title 21 USC 963, conspiracy to import marijuana.

   CONCLUSIONS OF LAW

   
   

2. Petitioner is authorized to take disciplinary action against a corporate licensee if any of its officers is shown to be guilty of a violation "of any laws of this state or any state or territory of the United States." Section 561.29(1)(b), Florida Statutes (1979). This statutory language includes violations of federal law. Deep South Plantation Foods, Inc. v. Wynne, 317 So.2d 131 (Fla. 2d DCA 1975). Since there has been a conviction, it is immaterial whether the criminal offense occurred while Mr. Banos was in the scope of his employment.

   
   

3. Issuance of a beverage license is forbidden, moreover, to any corporation with an officer who "has been convicted within the last past 5 years in . . . the United States of . . . illegally dealing in narcotics." Section 561.15(2), Florida Statutes (1979).

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That petitioner revoke respondent's license.

DONE AND ENTERED this 18th day of June, 1981, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 19th day of June, 1981.

COPIES FURNISHED:

Dennis E. LaRosa, Esquire 725 South Bronough Street Tallahassee, Florida 32301

Captain John Harris

1350 Northwest 12 Avenue

Miami, Florida 33136

Rene Valdes

1710 Northwest 17 Street

Miami, Florida 33125

Docket for Case No: 81-000938

Orders for Case No: 81-000938