STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS )

REGULATION, DIVISION OF ) ALCOHOLIC BEVERAGES AND TOBACCO, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1822

)

SAUNDRA MORENE, T/A AGEL )

GROCERY (35371-A), )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice hearing was held in Jacksonville, Florida on August 4, 1981, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The parties were represented by:

For Petitioner: James N. Watson, Jr., Esquire

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

For Respondent: Saundra Morene, pro se

c/o Agel Grocery 1155 Jessie Street

Jacksonville, Florida 32206

This case was presented through a Notice to Show Caused Administrative Complaint seeking revocation or suspension of Respondent's Alcoholic Beverage License No. 26-751 or imposition of civil penalty based on the following charge:

On or about the 11th day of March, 1981, investigation revealed that you, Saundra Morene, failed to file with the District Supervisor of the Florida Division of Alcoholic Beverages and Tobacco a sworn application listing all the names of persons directly or indirectly interested in your business before said person, Frank Morene, engaged in the business of selling or in any other way dealing in alcoholic beverages, contrary to F.S. 561.17.

FINDINGS OF FACT

1. Respondent is the holder of Beverage License No. 26-751 permitting the sale of alcoholic beverages from her store at 1155 Jessie Street, Jacksonville, Florida. This business is a convenience store known as Agel Grocery.

2. Respondent's husband has been co-owner of this business since the outset, and participates in its operation and management. When the Morenes applied for an alcoholic beverage license in June, 1980, they believed Frank Morene was ineligible and intentionally omitted his name from the application.

   
   

   CONCLUSIONS OF LAW

   
   

3. Section 561.17, Florida Statutes (1979), requires an applicant for a beverage license to file a sworn statement listing all persons directly or indirectly interested in the business. Respondent's husband, Frank Morene, held a direct interest in the business at the time the application was filed. The omission of his name from this application is a violation of the above cited provision as charged by Petitioner.

   
   

4. Frank Morene continues to hold a direct interest in the business for which Respondent is licensed. Therefore, License No. 26-751 should be suspended until a correct application is filed and approved, or until Respondent demonstrates by documentary evidence filed with Petitioner that Frank Morene has divested himself of direct and/or indirect interest in the business for which this license was issued.

RECOMMENDATION

From the foregoing Findings of Fact and Conclusions of Law, it is That Respondent be found guilty of filing an incorrect application in

violation of Subsection 561.17(1), Florida Statutes (1979). It is further RECOMMENDED:

That Respondent's Alcoholic Beverage License No. 26-751 be suspended until Respondent files and secures approval of a correct application or demonstrates that any direct or indirect interest of Frank Morene in the licensed business has been removed.

DONE and ENTERED this 7th of August, 1981, in Tallahassee, Florida.

R. T. CARPENTER, 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 7th day of August, 1981.

COPIES FURNISHED:

James N. Watson, Jr., Esquire Department of Business

Regulation

725 South Bronough Street Tallahassee, Florida 32301

Mrs. Saundra Morene c/o Agel Grocery 1155 Jessie Street

Jacksonville, Florida 32206

Docket for Case No: 81-001822

Orders for Case No: 81-001822