STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIVISION OF ALCOHOLIC )

BEVERAGES AND TOBACCO, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1733

)

GILMAR CORPORATION, t/a )

THE ULTIMATE CLUB, )

)

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 July 22, 1981.

APPEARANCES

For Petitioner: William A. Hatch, Esquire

Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301

For Respondent: Rene M. Valdes

Appeared as a qualified representative.

By notice to show cause, Petitioner alleged that Guillermo Leon Ramirez, an officer and stockholder of Respondent "on or about March 11, 1980, . . . pled guilty and was convicted in the U.S. District Court, Southern District of Florida, Fort Lauderdale, Florida, of the offense of Title 21, U.S. Code, Section 841(1)(a): Distribution of methaqualone . . . a felony."

FINDINGS OF FACT

1. Respondent Gilimar Corporation holds a beverage license issued by Petitioner.

   
   

2. Guillermo Leon Ramirez is the sole owner of the stock of Respondent corporation and is an officer of the corporation.

   
   

3. After Guillermo Ramirez had been convicted of "distribution of methaqualone, a Schedule II controlled substance; in violation of Title 21, U.S. Code, Section 841(a)(1), "Petitioner's Exhibit No. 1, he was sentenced on January 30, 1981, to 18 months' imprisonment and two years' parole thereafter. Petitioner's Exhibit No. 1.

   
   

   CONCLUSIONS OF LAW

4. 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 of no consequence whether the criminal offense occurred while Mr. Ramirez was in the scope of his employment.

   
   

5. 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 20th day of August, 1981, in Tallahassee, Leon County, 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 20th day of August, 1981.

COPIES FURNISHED:

Dennis E. LaRosa, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301

Gilimar Corporation d/b/a The Ultimate Club 766 East 25th Street Hialeah, Florida

Charles A. Nuzum, Director Division of Alcoholic Beverages

and Tobacco

725 South Bronough Street Tallahassee, Florida 32301

================================================================= AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,

Petitioner,

vs. CASE NO. 81-1733

GILIMAR CORPORATION, t/a THE ULTIMATE CLUB,

Respondent.

/

FINAL 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 July 22, 1981. Rene M. Valdes appeared as a qualified representative on behalf of Respondent. Petitioner was represented by counsel:

WILLIAM A. HATCH, ESQUIRE

Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301

By notice to show cause, Petitioner alleged that Guillermo Leon Ramierz, an officer and stockholder of Respondent "on or about March 11, 1980, . . . pled guilty and was convicted in the U.S. District Court, Southern District of Florida, Fort Lauderdale, Florida, of the offense of Title 21, U.S. Code, Section 841 (1)(a): Distribution of Methaqualone . . . a felony."

FINDINGS OF FACT

Respondent Gilimar Corporation holds a beverage license issued by Petitioner.

Guillermo Leon Ramirez is the sole owner of the stock of Respondent corporation and is an officer of the corporation.

After Guillermo Ramirez had been convicted of "distribution of methaqualone, a Schedule II controlled substance; in violation of Title 21, U.S. Code, Section 841(1)(a)," Petitioner's Exhibit No. 1, was sentenced on January 30, 1981, to 18 months imprisonment and two years' parole thereafter.

Petitioner's Exhibit No. 1.

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 included violations of federal law. Deep South Plantation Foods, Inc. v. Wynne, 317 So. 2d 131 (Fla. 2d DCA 1975). Since there has a conviction, it is of no consequence whether the criminal offense occurred while Mr. Ramirez 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(3), Florida Statutes (1979).

PENALTY

Based upon the foregoing, it is ORDERED:

That Respondent's alcoholic beverage license 23-00185 Series 4-COP, be and the same is hereby REVOKED.

DONE AND ENTERED this 9th day of September, 1981, in Tallahassee, Leon County, Florida.

CHARLES A. NUZUM, DIRECTOR

Division of Alcoholic Beverages and Tobacco

725 South Bronough Street Tallahassee, Florida 32301

COPIES FURNISHED:

Dennis E. LaRosa, Esquire Rene Valdes

Robert T. Benton, II Hearing Officer

Docket for Case No: 81-001733

Orders for Case No: 81-001733