STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LORENZO VERNON BELL, d/b/a )

JUST US MARKET, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2923

) DIVISION OF ALCOHOLIC BEVERAGES ) AND TOBACCO, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, R. L. Caleen, Jr., held a formal hearing in this case on December 2, 1982, in Miami, Florida.

APPEARANCES

For petitioner: No appearance

For respondent: Janice G. Scott, Esquire

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

ISSUE PRESENTED

Whether petitioner's application for an alcoholic beverage license should be denied because the application is incomplete; petitioner falsely swore to a material statement; and petitioner lacks the requisite good moral character.

BACKGROUND

By letter dated July 30, 1982, respondent Division of Alcoholic Beverages and Tobacco ("DABT") denied petitioner Lorenzo Vernon Bell's, d/b/a Just Us Market, application for a 2-APS alcoholic beverage license. Petitioner requested a hearing on this denial and on October 27, 1982, DABT forwarded this case to the Division of Administrative Hearings for assignment of a hearing officer.

By notice dated November 8, 1982, hearing was set for 8:30 A.M. on December 2, 1982. Petitioner was not present for hearing at 8:30 A.M. Hearing was delayed until 9:20 A.M., at which time petitioner had still not appeared. The hearing was then opened and DABT submitted its July 30, 1982, letter of denial.

Based on the evidence presented, the following facts are determined:

FINDINGS OF FACT

1. DABT denied petitioner's application for a beverage license, asserting that the application was incomplete; that the applicant had falsely sworn to a material statement; and that the applicant was not believed to be of good moral character.

   
   

2. At hearing, petitioner presented no evidence for the purpose of showing that his application should be granted.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding. Section 120.57(1), Fla. Stat. (1981).

   
   

4. An application for an alcoholic beverage license may be denied on the grounds that the applicant lacks good moral character, Section 561.15, Florida Statutes (1981), has falsely sworn on the application, Section 559.791, or has submitted an incomplete application, Section 120.60(2).

   
   

5. When, as here, an application is initially denied on such grounds, the applicant bears the burden of proving entitlement to the license. See, J.W.C. Co., Inc. v. Department of Transportation, 396 So.2d 778 (Fla. 1st DCA 1981). Petitioner has not sustained this burden. The application must, therefore, be denied for the reasons stated in DABT's July 30, 1982 letter of denial.

RECOMMENDATION

Based on the foregoing, it is RECOMMENDED:

That the application be denied.

DONE AND RECOMMENDED this 2nd day of February, 1983, in Tallahassee, Florida.

R. L. CALEEN 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 2nd day of February, 1983.

COPIES FURNISHED:

Janice G. Scott, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301

Mr. Lorenzo Vernon Bell Just Us Market

1765 N.W. 62nd Street Miami, Florida 33147

Charles A. Nuzum, Director Division of Alcoholic Beverages and Tobacco

725 South Bronough Street Tallahassee, Florida 32301

Gary R. Rutledge, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301

Docket for Case No: 82-002923

Orders for Case No: 82-002923