STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAMES AUGUSTUS BALL, t/a )

CASINEA LOUNGE, )

)

Petitioner, )

)

vs. ) CASE NO. 82-3067

) DIVISION OF ALCOHOLIC BEVERAGES ) AND TOBACCO, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Orlando, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter, on November 16, 1982. The parties were represented by:

For Petitioner: Mr. James A. Ball

Post Office Box 835 Dundee, Florida 33838

For Respondent: James Watson, 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 an alcoholic beverage license. The parties waived the 14 day notice of hearing requirement as provided by Subsection 120.57(1)(b) 2, Florida Statutes.

FINDINGS OF FACT

1. Petitioner previously operated the Casinea Lounge in Waverly, Florida, which he shut down in September, 1980. He plans to reopen this lounge if he can secure the requested beverage license.

   
   

2. Petitioner was adjudicated guilty of violating a Polk County ordinance on June 6, 1980, regarding an after-hours sale of an alcoholic beverage. There is no other impediment to grant of this application.

   
   

   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 within the last past 5 years of any offense against the beverage laws of this state, the United States or any other state.

   
   

4. The above statutory language does not disqualify Petitioner since he violated no provision of "the beverage laws of this state, the United States or any other state Rather, he violated only a local ordinance.

   
   

5. Had the legislature intended to disqualify beverage license applicants based on ordinance violations, such language would have been included. Elsewhere in Chapter 561, 1/ the legislature has provided beverage license revocation, suspension or fine for violation " . . . of any of the laws of this state, or of the United States, or violation of any municipal or county regulation in regard to the hours of sale, service or consumption of alcoholic beverages. "

RECOMMENDATION

From the foregoing, it is RECOMMENDED:

That Respondent enter a Final Order granting Petitioner's application. DONE and ENTERED this 8th day of December, 1982, 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 8th day of December, 1982.

ENDNOTE

1/ Subsection 561.29(1)(a), Florida Statutes.

COPIES FURNISHED:

Mr. James A. Ball

P.O. Box 835

Dundee, Florida 33838

James Watson, Esquire Department of Business Regulation

725 South Bronough Street Tallahassee, Florida 32301

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: 82-003067

Orders for Case No: 82-003067