STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CARETHA WASHINGTON, d/b/a )

F & W GROCERY, )

)

Petitioner, )

)

vs. ) CASE NO. 82-534

) DIVISION OF ALCOHOLIC BEVERAGES ) AND TOBACCO, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Lakeland, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter, on April 9, 1982. The parties were represented by:

For Petitioner: Ms. Caretha Washington

1309 South Verona Avenue Avon Park, Florida 33825

For Respondent: Daniel J. Bosanko, Esquire

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

This matter arose on the denial of Petitioner's application to Respondent for issuance of a wine and beer package sales license. The parties submitted proposed findings of fact and conclusions of law. To the extent these proposed findings have not been adopted or otherwise incorporated herein, they have been rejected as irrelevant or not supported by the evidence.

FINDINGS OF FACT

1. Petitioner operates a grocery store at 798 South Verona Avenue, Avon Park, Florida. She seeks a beverage license to sell wine and beer at this store (F&W Grocery) and has submitted the requisite application.

   
   

2. Petitioner was adjudicated guilty of possession and sale (two counts each) of a controlled substance (cannabis) by order of the Highlands County Circuit Court, entered March 26, 1979. The sale of cannabis is a third degree felony as provided by Subsections 893.13(1)(a) 2., and 893.03(1)(c) Florida Statutes.

   
   

   CONCLUSIONS OF LAW

   
   

3. Subsection 561.15(2) , Florida Statutes provides in part:

   (2) No license under the Beverage Law shall be issued to any person. . .who has been convicted in the last past 15 years of any felony in this state...

   
   

4. Petitioner was convicted of a felony in this state in 1979. This is within the 15 year period wherein she is not eligible to be issued a beverage license. Therefore, her application was necessarily denied.

   
   

5. Petitioner argues that she should not be penalized beyond her original conviction and seeks leniency in the enforcement of the above statute. However, the language "No license...shall be issued..." makes denial mandatory where, as here, the applicant has been convicted of a felony within 15 years. Therefore, Petitioner's argument must be rejected.

RECOMMENDATION

From the foregoing findings of fact and conclusions of law, it is RECOMMENDED:

That Respondent enter a Final Order denying the petition.

DONE and ENTERED this 28th day of April, 1982 at 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 28th day of April, 1982.

COPIES FURNISHED:

Daniel J. Bosanko, Esquire Department of Business

Regulation

725 South Bronough Street Tallahassee, Florida 32301

Ms. Caretha Washington 1309 South Verona Avenue Avon Park, Florida 33825

Robert Bishop, Second Lieutenant Post Office Drawer H

Lakeland, Florida 33802

Gary R. Rutledge, Secretary Department of Business

Regulation Johns Building

725 South Bronough Street Tallahassee, Florida 32301

Charles A. Nuzum, Director Division of Alcoholic Beverages

and Tobacco Department of Business

Regulation

725 South Bronough Street Tallahassee, Florida 32301

Docket for Case No: 82-000534

Orders for Case No: 82-000534