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
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
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.
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).
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
Issue Date | Proceedings |
---|---|
Jul. 20, 1981 | Final Order filed. |
Jun. 19, 1981 | Recommended Order sent out. CASE CLOSED. |
Issue Date | Document | Summary |
---|---|---|
Jul. 17, 1981 | Agency Final Order | |
Jun. 19, 1981 | Recommended Order | Revoke license due to Petitioner's violation of statute by conviction for importing marijuana. |