The Issue The issue in this case is whether the Petitioner's application for an alcoholic beverage license should be granted or denied.
Findings Of Fact At all times pertinent to this proceeding, Petitioner was a Florida business man who operated initially a business called the International Coffee Shop and Minit Market, located at 1342 Washington Avenue, Miami Beach, Florida, and subsequently a business called Tony Cafeteria, located at 340 1/2 Northwest 12th Avenue, Miami, Florida. Petitioner was the holder of alcoholic beverage license number 23-8402, Series 1 APS, for the International Coffee Shop and Minit Market on Miami Beach. Respondent, on May 3, 1988, served on Petitioner an emergency order of suspension of license number 23-8402, series 1 APS, "in order to protect the public safety and welfare from immediate and continuing danger of drug trafficking and illegal delivery of controlled substances in and about the licensed premises." Concurrently with the emergency order of suspension, Respondent served a notice to show cause on Petitioner alleging eight counts of narcotics transactions on the licensed premises and one count of maintaining a nuisance of the licensed premises. Petitioner did not request a hearing on the charges that resulted in the emergency order of suspension and the notice to show cause. On June 27, 1988, Respondent published its Final Order revoking Petitioner's alcoholic beverage license number 23-8402, Series 1 APS. The Final Order was served on Petitioner on July 5, 1988. That Final Order included the following conclusion: The facts set forth hereinabove demonstrate that the licensee has fostered, condoned, and/or negligently overlooked trafficking in and use of illegal narcotics and controlled substances on or about the licensed premises and has failed to exercise due diligence in supervising its employees and managing its licensed premises so as to prevent the illegal trafficking and use of narcotics on the licensed premises. In addition to the narcotics violations described in the notice to show cause regarding the International Coffee Shop and Minit Market, alcoholic beverages were being sold for consumption on Petitioner's licensed premises, and patrons on the licensed premises were gambling on pool games. The International Coffee Shop and Minit Market was located near a large elementary school. The cocaine transactions negotiated and consummated on the licensed premises during April 1988 were open and in plain view. No effort was made to conceal these activities. Children were frequently on the licensed premises during April 1988 when cocaine transactions were being openly negotiated and consummated. The first cocaine transaction at the International Coffee Shop and Minit Market during Officer Santana's undercover investigation was between Officer Santana and a patron named Clara Rodriguez. The transaction took place just inside the entrance of the International Coffee Shop and Minit Market, lighting conditions were good, and no effort was made to conceal the transaction. Petitioner was standing immediately next to Officer Santana when the cocaine transaction took place. Petitioner made no effort to stop the transaction, or to summon law enforcement, or to evict Ms. Rodriguez or Officer Santana. Petitioner commented, in Spanish, that "if you're not going to eat or drink anything, you're going to have to leave," or words to that effect. During the 13 days following the cocaine transaction described immediately above, seven additional cocaine transactions were openly conducted on the premises of the International Coffee Shop and Minit Market:. Four of these transactions were permitted by Petitioner's employee Estella; three were permitted by Petitioner's employee Angel. Five patrons, Nuri, Pipo, Maria, Clara, and Betty, were involved in these cocaine transactions. Petitioner attributes the activity on his licensed premises that resulted in the license revocation to the undesirable neighborhood of the International Coffee Shop and Minit Market and the undesirable persons who frequented the International Coffee Shop. The neighborhood of Tony Cafeteria is no better than the International Coffee Shop neighborhood. In response to a complaint, Sergeant Herrera and other members of the Miami office of the Division of Alcoholic Beverages and Tobacco went to Tony Cafeteria on December 2, 1989. Petitioner's employee, Ms. Baez, sold a beer to an undercover Law Enforcement Investigator on the premises of Tony Cafeteria. Ms. Baez was cited for selling an alcoholic beverage without a license. Twenty cans and bottles of beer were seized on the premises by the officers. Petitioner works full time, 40 hours a week, at the Fountainbleau Hilton and is considered by the Head Houseman to be "a fine, dedicated worker." Three friends of Petitioner opined that Petitioner is a trustworthy, moral person. The Petitioner has never been arrested or convicted of any criminal offense. The Petitioner did not have actual knowledge of the narcotics transactions that resulted in the revocation of the alcoholic beverage license at the International Coffee Shop and Minit Market, nor was he aware that any gambling was taking place on the pool tables. In January 1990, Petitioner was issued a temporary beverage license for Tony Cafeteria, with which he operated until his license application was disapproved by Respondent. During the three-month period he operated with the temporary license he was not cited for violation of the beverage law.
Recommendation For all of the foregoing reasons, it is recommended that the Division of Alcoholic Beverages and Tobacco issue a final order in this case denying the Petitioner's application for a alcoholic beverage license. RECOMMENDED in Tallahassee, Leon County, Florida, this 27th day of July 1990. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of July 1990. COPIES FURNISHED: Vidal Marino Velis, Esquire 2100 Coral Way, Suite #300 Miami, Florida 33145 John B. Fretwell, Esquire Assistant General Counsel Department of Business Regulation The Johns Building 725 South Bronough Street Tallahassee, Florida 32399-1007 Leonard Ivey, Director Division of Alcoholic Beverages and Tobacco Department of Business Regulation The Johns Building 725 South Bronough Street Tallahassee, Florida 32399-1007 Joseph A. Sole General Counsel Department of Business Regulation The Johns Building 725 South Bronough Street Tallahassee, Florida 32399-1007
The Issue Whether respondent's alcoholic beverage license should be disciplined on the charge that it violated Sections 212.15(2)(b) and 561.29(1)(a), Florida Statutes (1981), by failing to remit taxes collected pursuant to Chapter 212, Florida Statutes (1981).
Findings Of Fact On May 4, 1981, respondent was issued alcoholic beverage license No. 16-2232 SRX, Series 4 COP. The license has now expired. (Testimony of Boyd; P- 1.) On June 26, 1951, the Florida Department of Revenue issued a warrant for the collection of delinquent sales and use tax due and unpaid by respondent. The warrant states that respondent is indebted to the Department of Revenue for delinquent sales tax, penalty, and interest, totaling $22,710.66. This indebtedness remains outstanding and unpaid. (Testimony of Fox; P-2.)
Recommendation Based on the foregoing, it is RECOMMENDED: That the notice to show cause filed against respondent be dismissed. DONE AND RECOMMENDED this 15th day of September, 1982, in Tallahassee, Florida. R. L. CALEEN, JR. 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 15th day of September, 1982.
Findings Of Fact Petitioner, Fred Earl Chappie, filed an application for a 2-COP beverage license on April 21, 1983 with Respondent, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco (Division). He intends to use the license at the Watermelon Inn & Truckstop, a business which he owns and operates, and which is located approximately seven miles north of Chiefland, Florida, on Highway 19. A 2-COP license authorizes the licensee to sell beer and wine for consumption on the premises. On May 16, 1983 Respondent denied the application on the grounds Chappie "had been convicted within the last past five years, in this state" and had "falsely sworn to a material statement" on his application. The denial prompted this proceeding. An applicant for a beverage license is required to submit a sworn application with the Division. The application form contains the following question: Have you ever been arrested or charged for a violation of soliciting for prostitution? Chappie answered no to this question. However, a background check of Chappie by the Division revealed Chappie had pled guilty to the charge of "soliciting for prostitution" on April 11, 1979 in County Court for Hillsborough County, Florida. The application form also requires the applicant to swear or affirm that the information given on the form is true and correct. Chappie did so despite the incorrect response to the above question. Chappie acknowledged that he had been arrested on a charge of solicitation for prostitution in March, 1979, and paid a $75 fine when he subsequently pled guilty to that charge a month later. However, he stated the incorrect response was unintentional for he did not know that a male (vis a vis a female) could be charged with that crime and accordingly he responded to the question in the negative. He also acknowledged that he had indeed sworn that all answers in the application were correct.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Fred Earl Chappie for a beverage license be DENIED without prejudice to refiling the same when the five-year statutory period of time since his conviction has passed. DONE and ENTERED this 24th day of October, 1983, in Tallahassee, Florida. DONALD R. ALEXANDER 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 24th day of October, 1983. COPIES FURNISHED: Fred Earl Chappie Post Office Box 622 Chiefland, Florida 32626 James N. Watson, Jr., Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Howard Milan Rasmussen, Director Division of Alcoholic Beverages and Tobacco Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Harold F.X. Purnell, Esquire General Counsel Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
The Issue This case concerns the entitlement of the Petitioner, Price Candy Company, Inc., trading as St. James Place, to be granted a new Series 2-COP beverage license from the State of Florida, Division of Alcoholic Beverages and Tobacco.
Findings Of Fact Beginning on June 13, 1978, the Petitioner, Price Candy Company, Inc., began the process of applying for a new Series 2-COP beverage license to be issued by the State of Florida, Division of Alcoholic Beverages and Tobacco. This license was to be issued for a premises located at 117 West Duval Street, Jacksonville, Duval County, Florida. The establishment for which this license is intended is a restaurant located in a building known as the May Cohens Building. The Petitioner leases a portion of that building from May Cohens and the balance of the building which constitutes the structure of the prospective licensed area, is controlled by May Cohens. The part of the building controlled by the Petitioner as a street entrance into the dining room area of the restaurant and an entrance from the May Cohens part of the building, which is an interior entrance to the restaurant. These entrances may be seen in examining the Respondent's Exhibit No. 1 admitted into evidence, which is the Petitioner's sketch of the prospective licensed premises which was submitted to the Respondent as a part of the application. Within this diagram are several pencilled changes to the sketch which represent the current state of the building showing an extension of a wall, thereby closing off any direct access from May Cohens to the restrooms associated with Petitioner's restaurant. On May 30, 1979, the Director of the State of Florida, Division of Alcoholic Beverages and Tobacco indicated his intent to deny the application stated that the reason was "Premises to be licensed is connected to other areas over which the applicant will have no dominion or control." As authority for that statement the Director referred to Subsection 561.01(11), Florida Statutes.
Recommendation It is recommended that the Petitioner, Price Candy Company, Inc., trading as St. James Place, be granted a new Series 2-COP beverage license. DONE AND ENTERED this 19th day of December, 1979, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: James M. Bailey, Area Supervisor Price Candy Company, Inc. 117 West Duval Street Jacksonville, Florida 32204 Daniel C. Brown, Esquire Staff Attorney Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
The Issue Is Petitioner entitled to the issuance of an alcoholic beverage license made available by the January 6, 1993, Quota License Drawing, Log No. 69-98 (the Drawing)?
Findings Of Fact On September 27, 2004, Petitioner under the trade name Warehouse Liquors, Etc., made an application for issuance of an alcoholic beverage license made available by the Drawing. On December 10, 2004, Respondent notified Petitioner that the license application had been denied leading to the formal hearing. At hearing it was revealed that Respondent had refused to issue the license under consideration based upon authority set forth in Subsection 561.15(3)(a), Florida Statutes (2004), which states: The Division may . . . refuse to issue a license under the Beverage Law to: Any person . . . the license of which under the Beverage Law has been revoked. . . after written notice that revocation . . . had been . . . brought against the license. The statutory authority cited above has pertinence in relation to the case Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Petitioner v. Cadillac Jack's Saloon, Inc., d/b/a Cadillac Jack's Saloon, Respondent, Case No. RK15930196A, wherein by amended final order the Respondent's alcoholic license No. 15- 00435, Series 4COP was revoked effective January 17, 1995. That revocation was without prejudice for the named Respondent to apply for another license "contingent upon the filing of all outstanding reports; payments of all outstanding payments of surcharge principal; payment of all outstanding late penalty fees and interest; and, provided Respondent is otherwise qualified to hold said license." Although the amended final order in Case No. RK15930196A contemplated the possibility that application could be made for another license, that opportunity was conditioned upon the Respondent being otherwise qualified to hold the new license. Proof at hearing indicated that Petitioner in this cause was the license holder for license No. 15-00435, Series 4- COP. As a prior license holder, Petitioner made the present application for a new beverage license. In the present application, the question was asked, "Have you ever had any type of alcoholic beverage, or bottle club license, or cigarette, or tobacco permit refused, revoked or suspended anywhere in the past 15 years?" Petitioner answered that question in the negative. That answer was untrue given the circumstances in relation to action revoking alcoholic license No. 15-00435, Series 4-COP. This implicated consideration of whether Petitioner had the necessary qualifications in relation to good moral character as required by Subsection 561.15(1), Florida Statutes (2004), as a condition to issuing the present license in dispute. The untrue response made to the question in the application for the present license demonstrates that Petitioner is without the necessary good moral character.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a Final Order be issued denying Petitioner's application for issuance of the alcoholic beverage license made available by the Drawing. DONE AND ENTERED this 23rd day of June, 2005, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of June, 2005. COPIES FURNISHED: Michael J. Wheeler, Esquire Department of Business and Professional Regulation Northwood Centre, Suite 6 1940 North Monroe Street Tallahassee, Florida 32399-2202 David Jecksovich Post Office Box 761 Cornellus, North Carolina 28031 David Jecksovich 66 Mount Desert Street Bar Harbor, Maine 03609 Jack Tuter, Director Division of Alcoholic Beverages and Tobacco Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Leon Biegalski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether petitioner's application for transfer of an alcoholic beverage license should be granted, or denied on the ground that the license has been revoked.
Findings Of Fact On January 25, 1977, Armando Calo, through counsel, filed a Notice of Lien with DABT stating that he was a bona fide mortgagee on an alcoholic beverage license (4-COP, lic. no. 23-1901) held by the Intimo Lounge, Inc., 1601 Collins Avenue, Miami Beach, Florida. Citing Section 561.65, Florida Statutes, he enclosed a copy of his chattel mortgage and a check payable to DABT in the amount of $5.00. (P-1) By return letter dated February 4, 1977, C. L. Ivey, Jr., DABT's Licensing Supervisor, acknowledged receipt of Mr. Calo's Notice of Lien and stated that it would be made part of the Intimo Lounge, Inc. license file. At that time, administrative license revocation proceedings were pending against Intimo Lounge, Inc. So Mr. Ivey sent a copy of his February 4, 1977 acknowledgment letter to DABT's Miami Office, and included this notation: P.S. John: You need to immediately notify Attorney Solomon's [Calo's attorney's] office if and when an order to revoke is issued. He will then go to court to seek a judicial transfer. (P-2) On March 22, 1977, Charles A. Nuzum, DABT's Director, executed an order revoking Intimo Lounge, Inc.`s alcoholic beverage license. (R-1) Eight days later, on March 30, 1977, Armando Calo sued Intimo Lounge, Inc., seeking to foreclose his chattel mortgage on its alcoholic beverage license. By letter of the same date, counsel for Mr. Calo, citing Section 561.65, Florida Statutes, notified DABT of the filing of the foreclosure action; he also asserted that Mr. Calo had no knowledge of or participation in the causes for which the Intimo Lounge, Inc. beverage license was revoked. Copies of subsequent pleadings filed in the action were sent to DABT's legal department. DABT thus knew the suit was filed and was aware of its continued progress. (Testimony of Barone; P-3, P-4, P-11) The Circuit Court of Dade County ultimately entered a final judgment of foreclosure in Mr. Calo's favor. On August 17, 1979, pursuant to such judgment, the Clerk of the Court sold the Intimo Lounge, Inc. beverage license, at public sale, to intervenor Rene Valdes, 1710 N.W. 7th Street, Suite 7201, Miami, Florida for $25,000. Notice of the sale was published in the Miami Review, a newspaper circulated in Dade County. On August 28, 1979, the Clerk issued a Certificate of Title pursuant to Chapter 45, Florida Statutes. This Certificate certified that Intimo Lounge, Inc.`s alcoholic beverage license (4-COP, license no. 23-1901) had been sold to Rene Valdes on August 17, 1979, and that "no objections to the sale have been filed within the time allowed for filing objections." (Testimony of Valdes; P-5, P-6) Although DABT was aware of the protracted mortgage foreclosure litigation involving the Intimo Lounge, Inc. beverage license --which it had earlier revoked -- it never protested or sought to block the foreclosure action. It was not a party to the action; neither did it attempt to become one. (Testimony of Barone, Valdes) In September, 1979, a month after the judicial foreclosure sale, Nathaniel Barone, counsel for Intimo Lounge, Inc., wrote R. B. Burroughs, Jr., Secretary of the Department of Business Regulation, asking what steps were necessary to keep the Intimo Lounge, Inc. beverage license viable. An internal memorandum suggests that DABT was, at first, unprepared to answer that question and preferred, instead, to delay answering until an application for the license was filed. But, on October 4, 1979, Harold F. X. Purnell, the Department's General Counsel replied on behalf of Secretary Burroughs: It is the Division's position that the . . . license has been and presently is revoked pursuant to the actions pre- viously taken by [DABT]. Further, that in the absence of an order of appropriate jurisdiction entered in a proceeding to which the Division is a party we are powerless to transfer such license. (Testimony of Barone; P-7, P-10) Meanwhile, Rene Valdes, notified DABT of his purchase of the Intimo Lounge, Inc. beverage license and asked that it be held in escrow while he found a suitable purchaser and location. When DABT refused, Mr. Valdes petitioned the court, which had rendered the foreclosure judgment, to require DABT to process and transfer the license. The court denied his petition, at least in part, because DABT was not a party to the proceeding. After the court hearing, Mr. Valdes, together with his attorney, Charles Kelly, and DABT's counsel, Mr. Purnell, met outside the chambers and discussed their next step. Mr. Kelly discussed seeking a mandamus ordering DABT to issue the license. Mr. Purnell suggested, instead, that Mr. Valdes find a location and purchaser for the license, then submit an application to DABT -- something which Mr. Valdes had not yet done. Although Mr. Purnell did not assure them that the application would be approved, both Mr. Valdes and Mr. Barone gained an impression that it would be. 2/ Mr. Valdes, following Mr. Purnell's suggestion, found a location and buyer, then applied for a transfer of the license. DABT's denial resulted in this proceeding. (Testimony of Barone, Valdes) Under Section 561.65(1), Florida Statutes (1977), a lender licensed by the state holding a lien on an alcoholic beverage license had the right to enforcement of his lien against the license within 12 days after any order of revocation, provided it was revoked for causes which the lienholder had no knowledge and did not participate. If the lienholder purchased the license at foreclosure sale, he could operate under it or transfer it to a qualified person. Until August 17, 1980, it was DABT's long-standing practice and policy to make no distinction between licensed and unlicensed lenders (lien-holders). It allowed both licensed and unlicensed lienholders to file notice of liens against beverage licenses and honored the subsequent transfer of the license if the lien was enforced within 12 days of revocation. This practice was abruptly changed on the basis of an agency legal opinion. On August 17, 1980, one month before Gui-Dom filed its application, DABT's General Counsel rendered a legal opinion limiting Section 561.65 relief to lenders licensed by the state. After that date, until 1981, when the legislature removed the "licensed lender" language of Section 561.65, DABT applied Section 561.65 literally and only accepted liens filed by licensed lenders. (Testimony of LaRosa; P-13) But in October, 1980, DABT did not deny Gui-Dom's application for transfer of the Intimo Lounge, Inc. license because Armando Calo, the lienholder, lacked a lender's license. Instead, the application was denied because the license had been earlier revoked. As later explained by Barry Schoenfeld, DABT's Chief of Licensing: 2 [DABT] felt at the time that . . . there really was no license, that the license had already been revoked, and that there was no license for the court to sell [to Valdes]. (P-13, p. 25). But Section 561.65 specifically permits liens, under specified conditions, to survive license revocation. When asked to explain DABT's position in light of Section 561.65, Mr. Schoenfeld replied, "I don't know that I can explain it." (P-13, p. 16) Neither could Mr. Schoenfeld adequately explain why, in cases similar to this, DABT has approved license transfers while, here, they have not. (P-13, p. 23) It was not until after the denial of Gui-Dom's application that DABT contended that Section 561.65, Florida Statutes (1977), provides no relief because Armando Calo was not a licensed lender. (P- 9, P-13). Rene Valdes, a beverage license broker, operates a business known as "Beverage License, Inc." He specializes in obtaining and transferring alcoholic beverage licenses for clients and has a working knowledge of the Beverage Law, including DABT rules and practice. When he purchased the Intimo Lounge, Inc. license at the judicial sale, he did not know that it had been revoked by DABT. He did, however, know that there was license revocation litigation between Intimo Lounge, Inc. and DABT. He also knew that DABT had issued an emergency order suspending Intimo Lounge, Inc.'s license; and he knew that there were circuit court foreclosure proceedings involving the license. Yet he failed to ascertain the status of the license -- either by checking the files of DABT or the circuit court. But even if he had discovered that the license had been revoked, under DABT's long-standing practice and interpretation of Section 561.65, it would have made no difference. The license would have "survived" revocation because Armando Calo had timely enforced his lien. And it could have been sold at a judicial sale and transferred to a new qualified purchaser. (Testimony of Valdes, Harris; P-13) DABT has provided no record foundation for its abrupt discontinuance of prior agency practice and policy in August, 1980, a policy which allowed both licensed and unlicensed lien holders to file and timely enforce liens against beverage licenses. This policy enabled a lien to survive license revocation; and the license, which had been revoked earlier could then be transferred by judicial sale. The only explanation given for the change in policy, a change which DABT now relies on as cause for denying Gui-Dom's application, is that the agency changed its legal interpretation of Section 561.65 (1977). (Testimony of LaRosa; P-13)
Recommendation Based on the foregoing, it is RECOMMENDED: That Gui-Dom's application for transfer of alcoholic beverage license no. 23-1901, series 4-COP, be granted. DONE AND RECOMMENDED this 3rd day of February, 1983, in Tallahassee, Florida. R. L. CALEEN, JR. 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 3rd day of February, 1983.
Findings Of Fact Based on the evidence presented at hearing, the following facts are determined: At all times material to the charges, Ronald Wayne Diamond and Susan Joyce Saiia owned and operated a partnership trading as Susan's Las Olas Seafood Market at 1404 E. Las Olas Boulevard, Fort Lauderdale, Florida ("the licensed premises") On the licensed premises, they sold alcoholic beverages under the authority of alcoholic beverage license No. 16-3029, Series 2-APS. On January 17 or 18, 1982,and on January 19, 1982, Broward County Sheriff's Department Detective Fernandez entered the licensed premises in an undercover capacity and negotiated with Respondent Ronald Diamond for the sale and delivery of cocaine and cannabis. Respondent Susan Saiia was present and aware of these negotiations, although she did not actively participate in them. On one of these occasions, she warned Respondent Diamond to be careful, that she had seen someone in the back alley who looked like he was wearing a recording device. On January 20, 1982, Respondent Diamond was arrested on charges of unlawful trafficking in cocaine and possessing cannabis in violation of Sections 893.135(1)(b) and 893.13(1)(e), Florida Statutes. He was taken to the licensed premises where a search warrant was executed and two ounces of marijuana were found in an office file cabinet. (Petitioner's Exhibit No. 2) On May 6, 1982, the Circuit Court of the Seventeenth Judicial Circuit, adjudging Respondent Diamond guilty of these felonies, sentenced him to fifteen years in prison and fined him $250,000 for trafficking in cocaine. He was sentenced to an additional five years for the possession of cannabis. (Petitioner's Exhibit No. 3)
Recommendation Based on the foregoing, it is RECOMMENDED: That Respondents' alcoholic beverage license No. 16-3029, Series 2-APS, be revoked for multiple violations of the Beverage Law. DONE and ORDERED this 12th day of July, 1983, in Tallahassee, Florida. R. L. CALEEN, JR. 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 12th day of July, 1983. COPIES FURNISHED: John A. Hoggs, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Maurice Graham, Esquire Suite 2 2161 E. Commercial Blvd. Ft. Lauderdale, Florida 33308 Howard M. Rasmussen 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
Findings Of Fact Respondent is the holder of Beverage License No. 26-150, Series 2-COP, allowing the consumption of alcoholic beverages on the premises, located at 5212 Heckscher Drive, Jacksonville, Florida. This beverage license was previously held by Respondent's husband, Glenn F. Rodgers, and brother-in-law Don E. Rodgers. Following their felony convictions, the Rodgers brothers agreed by stipulation signed on February 19, 1979, to divest themselves of all interest in the licensed operation. This stipulation was incorporated in Petitioner's Order signed April 3, 1979, which directed transfer of the license to a qualified applicant. Mary J. Rodgers applied for the transfer of said beverage license and included an affidavit filed with Petitioner on February 14, 1979, averring that she was purchasing the business from her husband and brother-in-law and would be the only person with any interest, direct or indirect, in the business. In reliance on this statement and the stipulation, Petitioner transferred the beverage license to Respondent. During an undercover inspection at Brown's Creek Fish Camp on June 6, 1980, beverage officers observed Respondent's husband, Glenn F. Rodgers, working on the licensed premises. On a June 27, 1980, follow-up inspection, beverage officers observed him giving instructions to a waitress. In a casual conversation, Glenn Rodgers told Beverage Officer Cunningham that the business was his and that he had owned it for three years. During Glenn F. Rodgers' prison work-release parole in 1980, he worked full-time at Brown's Creek Fish Camp. He is now employed in a construction job, but continues to work in the licensed premises on a part-time basis. Following the June premises inspections, Petitioner investigated Respondent's business relationships end discovered that the lease agreement on the property housing the licensed premises remained in the names of Glenn F. end Don E. Rodgers. When the Rodgers brothers originally purchased the business they co-signed a Small Business Administration loan for $30,000 and a promissory note to the prior owners for $10,000. Their names also remain on these business loans. Respondent paid $3,000 for the business, and makes lease and lean payments. She has not, however, assumed the underlying obligations to the lenders. Records of the Lake Forest Atlantic Bank, where Respondent conducts her banking, revealed that an account was opened on May 4, 1977, under the names of Glenn F. end Don B. Rodgers, a general partnership. The name of Mary J. Rodgers was added to the signature card on January 18, 1979, and on the date of the hearing, all three names remained on the account records. By late-filed exhibit, Respondent demonstrated that the bank account has now been transferred to her. Respondent's business records include invoices from the Eli Witt Company, Post Office Box 6887, Jacksonville, Florida. An Eli Witt receipt dated July 18, 1980, for supplies delivered to Brown's Creek Fish Camp carries the signature of Glenn Rodgers, Respondent's husband. North Florida Premium Finance Company and the Robert S. Shute, Inc. Insurance Agency records reveal that Glenn F. Rodgers also signed for the financing of business insurance policies issued to Mary O. Rodgers d/b/a Brown's Creek Fish Camp for the policy period June, 1980 to June, 1981.
Recommendation From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent be found guilty of failure to disclose the interest of Glenn F. Rodgers at the time of making application for a beverage license in violation of Section 861.17, Florida Statutes (1979. It is further RECOMMENDED that Respondent be found guilty of failure to comply with Petitioner's Administrative Order directing divestment by Glenn F. Rodgers of any interest in operation of the licensed premises. It is further RECOMMENDED that Beverage License No. 26-150, Series 2-COP, held by Mary J. Rodgers, be revoked. DONE and ENTERED this 27th day of May, 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 27th day of May, 1981. COPIES FURNISHED: James N. Watson, Jr., Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Donald G. Nichols, Esquire Post Office Box 40011 Jacksonville, Florida 32203
The Issue Whether the Petitioner is entitled to an alcoholic beverage license.
Findings Of Fact John Harry Michaels filed a preliminary application to participate in the state lottery for a new quota license on January 16, 1984. The application form completed by Mr. Michaels in this stage of the application process contained instructions to the applicant that it was the first part of a two-part application. The instructions also informed Mr. Michaels that a right of occupancy is required, and should accompany the second part of the application if his name is drawn in the lottery for new quota licenses. Mr. Michaels, as part of his voluntary enlistment, was on military duty in the Armed Forces outside of the state on May 16, 1984. On September 18, 1984, Mr. Michaels was notified by Respondent that he had been selected in the drawing held on September 12, 1984, for an available liquor license in Martin County. This selection of Mr. Michaels' name granted him the opportunity to continue the application process for the state quota liquor license in Martin County. The letter notifying Mr. Michaels of his eligibility also informed him that the second part of the application must be completed within forty-five days from the date the letter was issued. This second part of the application required proof of a right to occupancy of a specified location and verification of the financial investment made by the applicant. On November 2, 1984, the forty-fifth day, Mr. Michaels, acting through his wholly owned corporation, filed the document entitled "Application for Alcoholic Beverage License." When the application was submitted to the Respondent, it did not contain: a business location, zoning approval, a right of occupancy, a sketch of the premises, and documentation to support the stockholder's financial investment. Attached to the document was a letter from the attorney who represented the corporation. The letter requested an additional forty-five day extension of time to properly complete the application. The letter explained that Mr. Michaels was on military duty outside of Florida and had been unable to make arrangements to comply with the original time period. On February 5, 1985, the Respondent was granted the requested extension with an expiration date of March 22, 1985. On the final day of the extension, the Petitioner's attorney requested a second extension. The letter stated that Mr. Michaels was unable to leave his post to return to Florida to obtain a properly zoned location. The letter did not address any new matters, nor did it explain why the forty-five days previously requested was insufficient. This request was denied on April 3, 1985, because there was no showing made that the Petitioner had made a good faith attempt to comply with the first extension. In the Respondent's denial letter, the Petitioner was informed that a letter of denial for the application was forthcoming. On April 23, 1985, the Petitioner filed amendments to its application with the Respondent. The amended application was reviewed in the district office. The investigator sent the amended application to the central office in Tallahassee and recommended disapproval of this application for a number of reasons: There were no financial verification, no lease, and no right of occupancy included with the amended application. A lease, Joint Exhibit 12, was submitted to the district office on April 26, 1985, and was forwarded to Tallahassee the same day. On May 31, 1985, the application was denied because it was incomplete due to the Petitioner's failure to timely file the following items within the granted extension period: 1) a right of occupancy; for a specific location; 2) complete verification of the financial investment. The written denial of the Petitioner's application by the Respondent took place after the 180 day time period for granting a beverage license issued by lottery had expired.
Findings Of Fact Respondent Lois Davis, who does business under the name of The Cotton Club, holds License No. 60-00245, a Series 2-COP license issued by petitioner authorizing her to sell beer and wine for consumption on the licensed premises, which are located at 233 Southwest Fifth Street, Belle Glade, Florida. At one time Ms. Davis held License No. 60-576 which authorized sale of hard liquor as well as wine and beer for consumption on the premises of The Cotton Club. On January 25, 1980, as a result of foreclosure proceedings against respondent's landlords, an order was entered directing that "all right, title and interest to Alcoholic Beverage License 60-576" be conveyed to Mr. and Mrs. Robert Daniel. Robert Daniel, et ux. v. Gilbert Adams, et al. v. Lois Davis, No. 78-4667 CA (L) 01 G (Fla. 17th Cir.). At the time respondent applied for her current license, shortly before the previous license expired, she asked that the latter be extended so that she could sell off her stock of hard or spirituous liquors. Petitioner's Lieutenant Little explained that the matter was before a court but agreed to approach the judge. In September of 1980, L. Dell Grieve, a six-year veteran of the Belle Glade Police Department, visited The Cotton Club, saw liquor in a storeroom, and told the bartender that it should be removed. The bartender protested that it was all right to store the liquor while something was being worked out about the license, or words to that effect. Beverage Officers Ramey and Rabie accompanied Officer Grieve on November 15, 1980, on a visit to The Cotton Club, where they found Andre Lavince Moore, respondent's son, tending bar. In the storeroom, they found numerous bottles of spirituous liquors which they confiscated. Petitioner's Exhibit No. Wine and beer were stored in a separate place in the same storeroom. At no time after she lost License No. 60-576 did respondent or her agents or employees sell any alcoholic beverages other than wine or beer at The Cotton Club, or have any intention of doing so without petitioner's permission.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner dismiss the administrative complaint. DONE AND ENTERED this 14th day of May, 1981, in Tallahassee, 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 14th day of May, 1981. COPIES FURNISHED: Daniel C. Brown, Esquire Lt. J. E. Little 725 South Bronough Street Post Office Drawer 2750 Tallahassee, Florida 32301 West Palm Beach, FL 33402 Lois Davis The Cotton Club 233 Southwest Fifth Street Belle Glade, Florida
