Findings Of Fact Petitioner, Carolyn K. Peterson, entered a drawing held by Respondent, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco (Division), on September 12, 1984, for priority entitlement to apply for one of thirteen new quota alcoholic beverage licenses to be issued for Seminole County. Peterson initially was not successful, having been ranked 15. Later, three applicants selected in the September 12 1984, drawing failed to qualify or file a proper application. By letter dated January 25,1985, the Division notified Peterson that her ranking now entitled her to apply For licensure. The January 25, 1985, letter informed Peterson "you must file a full and com- plete application within 45 days of the date of this letter pur- suant to Rule 7A-2.17, Florida Administrative Rule." The letter also notified Peterson: "Failure to file your complete application within such 45 day period will be deemed a waiver of your right to file for the new quota license." The Division consistently follows Rule 7A-2.17. On February 4, 1985, Peterson and her husband went to the Division's Orlando office to inquire concerning application for licensure. Peterson's husband, who had experience in applying for quota alcoholic beverage licenses, inquired whether it was necessary to jump through the procedural hoop of having a location selected and reflected in the application only to put the resulting license in escrow while seeking a more suitable license location within 180 days. The Division's representative, former employee Carolyn Thompson, responded that applicants no longer had to jump through that procedural hoop but could leave the designation of the location of the license blank on the initial application so long as a suitable location was selected and the application updated within 180 days. Thompson partially typed the application forms for Peterson, duplicated them so that Peterson could file the completed application in duplicate as required, and kept a copy for the Division's files. Thompson also gave Peterson, and kept a copy of, an instruction form for completion of Peterson's application. Thompson did not explicitly tell Peterson or her husband that Peterson could file the completed application after the expiration of the 45 day time limit. The Petersons confused the 45-day deadline for filing a full and complete application with the 180-day deadline for obtaining an appropriate location and zoning approval. As a result, the Petersons misunderstood and believed that the application was not required to be completed and filed within 45 days. After the February 4, 1985 meeting, the Petersons inquired about the process of finding a suitable location with suitable zoning. Meanwhile, they let the 45-day time limit ex- pire without filing a full and complete application.
Recommendation Based on the foregoing Findings Of Fact and Conclusions Of Law, it is RECOMMENDED that Respondent, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, deny the application of Petitioner, Carolyn K. Peterson, for a quota alcoholic beverage license. RECOMMENDED this 9th day of May, 1986, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 9th day of May, 1986. COPIES FURNISHED: Ms. Carolyn K. Peterson 797 Pinetree Road Winter Park, Florida 32789 Thomas A. Klein, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Thomas A. Bell, Esquire General Counsel. Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Howard M. Rasmussen, Director Division of Alcoholic Beverages and Tobacco 725 South Bronough Street Tallahassee, Florida 32301 James Kearney, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 APPENDIX To the extent Petitioner's written final argument contains proposed findings of fact, they are rejected as contrary to the greater weight of the evidence and the Findings of Fact. Respondent's proposed findings of fact 1 through 5 are accepted, but 4 is subordinate and 5 is unnecessary.
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by June C. McKinney, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Respondent’s Notice of Withdrawal, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter. Accordingly, it is hereby ORDERED that this case is CLOSED and no license will be issued to Polaris Sales, Inc., and Broward Motorsports of Palm Beach, LLC d/b/a Broward Motorsports to sell low-speed vehicles manufactured by Polaris Industries, Inc., (GEM) at 2300 Okeechobee Boulevard, West Palm Beach, (Palm Beach County), Florida 33409. Filed December 10, 2012 1:21 PM Division of Administrative Hearings DONE AND ORDERED this ( | day of December, 2012, in Tallahassee, Leon County, Florida. Buréati of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A338 Tallahassee, Florida 32399 Filed in the official records of the Division of Motorist Services i rf Hol prcembe, 2012 Naini Vinayak, Dealer Yicense Administre'" NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. JB/jdc Copies furnished: A. Edward Quinton, Esquire Adams, Quinton and Paretti, P.A. Brickell Bayview Center 80 Southwest 8" Street, Suite 2150 Miami, Florida 33130 equinton@adamsquinton.com Michael W. Malone Polaris Sales, Inc. 2100 Highway 55 Medina, Minnesota 55340-9770 Sam Nehme Broward Motorsports of Palm Beach, LLC 4760 Sunkist Way Cooper City, Florida 33330 Marc Osheroff Broward Motorsports of Palm Beach, LLC 13600 Stirling Road Southwest Ranches, Florida 33330 Jonathan Brennen Butler, Esquire Akerman Senterfitt 222 Lakeview Avenue, Suite 400 West Palm Beach, Florida 33401 Jonathan.butler@akerman.com June C. McKinney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator
The Issue The issue to be resolved in this proceeding concerns whether the Respondent set up, promoted or conducted a lottery for money or other thing of value in violation of Section 849.09, Florida Statutes.
Findings Of Fact On August 26, 1998, the Respondent, Personal Investments, Inc., d/b/a Personal Investments (Respondent) held license no. 77-00008, Series 2-COP, authorizing it to sell alcoholic beverages. On that date Mr. Stockton Hess was a corporate officer (Vice President). Mr. Hess was also a corporate officer of the Washington County Kennel Club, Inc. (WCKC) on the above date (President). The Respondent is a business regulated by the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco (Division) because it sells alcohol. The Washington County Kennel Club (Club) is regulated by the same Department's Division of Pari-mutuel Wagering, because it operates a pari-mutuel wagering facility at the Ebro Greyhound Park Dog Track. The Ebro Greyhound Park is owned and operated by the Club. The Club is in the business of selling pari-mutuel tickets, programs and tip sheets. Personal Investments, Inc., sold alcohol at its concession stands and in the lounge and restaurant at Ebro Greyhound Park, located in Ebro, Washington County, Florida. The Respondent served as concessionaire for food and beverage services through its contract with the Club. The Club has held its pari-mutuel wagering permit and annual pari-mutuel licenses continuously for some forty years. They authorize greyhound racing operations at the Ebro track facility. On August 26, 1998, the Club conducted a game promotion at its greyhound track in which any person entering the facility, regardless of whether he or she paid an admission fee, was provided a split-ticket free of charge. One half of the ticket went into a drum located by the entrance way and the other half of the ticket was retained by the patron. Located next to the drum, and on the Club premises, was a wheel which contained representations of prizes such as t-shirts, magnets, key chains and so forth. Subsequent to the tenth race a Club employee, the front gate hostess, would draw a ticket and another employee, the track announcer, would announce the number drawn. The patron holding the other half of the selected ticket would then present himself to the front gate hostess to verify the number. The patron would then spin the wheel and win whatever prize was reflected at the point where the wheel stopped. The Club bought the wheel, paid for the prizes and its employees operated the game in question. Mr. Hess, an officer of both the Club and the Respondent corporation had knowledge of and intentionally participated in the running of the above-described game. On August 26, 1998, a drawing was conducted after the tenth, twelfth and thirteenth races. No patron responded to the number called out following the tenth race, but patrons responded after their announced numbers were called after the twelfth and thirteenth races. Each of those patrons presented a ticket, spun the wheel, and each won a T-shirt. The Division offered no evidence and was unaware, on August 26, 1998, or thereafter, including at hearing, whether those patrons entered the dog track premises by paying an admission ticket price. On August 26, 1998, three hundred ninety-one patrons attended the track. Two hundred eighty-eight of those patrons or approximately 75% attended the track for free, utilizing free passes made widely available by the Club throughout its market area. On a typical racing day or night in excess of 60% to 70% of the patrons entering the Ebro Greyhound Track facility enter utilizing such free passes, the availability of which is a matter of fairly common knowledge in the track's market area. In accordance with the Division of Pari-Mutuel Wagering requirements, the Club maintains a separate turnstile for patrons entering daily with free passes from those paying an admission fee. Respondent's Exhibit B in evidence is a daily report, submitted to the Division of Pari-Mutuel Wagering, of patrons entering for free as opposed to those who paid an admission fee, including the report for August 26, 1998. It was further the Club's policy that any patron who asks for a free pass at the cashier's window is given one and permitted to enter the track premises free. On August 26, 1998, Division Agent Lee went to the Ebro Greyhound Track, paid a $2.00 admission fee, and used his split- ticket to enter the game promotion. He observed the two patrons who had each won a T-shirt following the twelfth and thirteenth races. He made no attempt to obtain a free admission nor did he inquire as to whether the two patrons who won T-shirts had entered for free. Agent Lee testified that he was unaware at the time he visited the greyhound track on that date that the Club owned the track and conducted the Pari-Mutuel Wagering permit and license, despite the fact that the Division of Pari-Mutuel Wagering, a part of the same department, as the Division, was the source of the request to review the game promotion. Agent Lee thought that the Respondent, Personal Investments, Inc., was conducting the game promotion. In fact, that was not the case, the game promotion was conducted solely by the Club and its employees. Agent Lee testified that on August 26, 1998, as well as on the date of hearing, he had no knowledge or evidence that any agent, servant or employee of the Respondent had set up, promoted or conducted the game promotion or a lottery for money or "other thing of value." Agent Lee also testified that on August 26, 1998, and on the date of the hearing, he had no knowledge or evidence to offer to the effect that Personal Investments, Inc., or its agents, servants or employees attempted to operate, conduct or advertise any lottery scheme or device. Agent Lee was unaware of Division Training Bulletin 93-18 concerning game promotions. This was a memorandum to all District Supervisors of each district office of the Division noting that Section 849.094, Florida Statutes, authorizes game promotions in which the patron must be present to win, provided that the game promotion does not require an entry fee, payment or proof of purchase as a condition for entering the game promotion. Tickets to enter the game promotion are given away without charge by the Club to any patron attending the facility. It is the Division's apparent position that, since Agent Lee paid a $2.00 admission fee to the track and thereafter received his game promotion ticket, that such admission fee constitutes a fee, payment or proof of purchase required as a condition precedent to entering into the subject game promotion. Since almost 75% of the patrons attending the track on the date in question entered free, and since every person entering the track on that date received, without charge, a game promotion ticket, the game promotion ticket cannot be determined to have, as a condition precedent, any fee, payment or proof of purchase as a condition for entry into the game promotion. The "Bud Bowl '99 Sweepstakes" is a common type of game promotion used as an exemplar by the Respondent, the rules of which are depicted in Respondent's Exhibit C, in evidence. That game promotion is approved by the Florida Department of State pursuant to its authority in Section 849.094, Florida Statutes. It is a game promotion in which some but not all participants in fact pay a purchase price and, as part of the purchase, receive a game promotion ticket or piece. The rules of the game contained in Respondent's Exhibit C, reflect that of the 4,429,350, entry forms made available, approximately half are contained within specially marked packages of Anheuser-Busch beer products, which can only be obtained through purchases at stores holding alcoholic beverage licenses. However, one may also enter the "Bud Bowl '99" contest without a purchase and thus in accordance with Section 849.094(2)(e), Florida Statutes, the game promotion does not require, as a condition of entry into it, a fee, payment or proof of purchase. The Ebro game promotion did not award prizes greater than $5,000.00. Thus, unlike the "Bud Bowl '99" game promotion, it did not have to meet applicable requirements for a game promotion offering prizes in excess of such value, including registration with the Florida Secretary of State. It did, however, share the same common requirements as the "Bud Bowl '99" promotion, which is that any entry fee, payment or proof of purchase as a condition of entering the game promotion was not required. Mr. Hess, who testified at hearing for the Respondent, paid $7.48 for a twelve-pack of Anheuser-Busch beer, which contained a "Bud Bowl '99" sweepstakes game promotion ticket therein. He did so without that game promotion being in violation of Section 849.094, Florida Statutes, as determined by the Secretary of State in registration of that promotion. Similarly, Agenct Lee paid $2.00 to enter the Ebro Greyhound Track, and in doing so acquired no more or no less right and opportunity to participate in the Ebro game promotion than did the majority of patrons who entered without having to pay an admission fee. The rules of the "Bud Bowl '99" sweepstakes game promotion submitted to or approved by the Department of State clearly reflect that approximately 50% of entry fees would be contained within Anheuser-Busch product packages which can only be obtained by purchase. The remaining 50% of the entries were made available without a purchase requirement.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record and the pleadings and argument of the parties, it is RECOMMENDED: That the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco enter a final order dismissing the amended administrative action against Personal Investments, Inc. DONE AND ENTERED this 31st day of March, 1999, in Tallahassee, Leon County, Florida. P. MICHAEL RUFF 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 31st day of March, 1999. COPIES FURNISHED: Harold F. X. Purnell, Esquire 210 South Monroe Street, Suite 420 Tallahassee, Florida 32301 Bart Schneider, Esquire Department of Business and Profession Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 Deborah R. Miller, Director Division of Alcoholic Beverages And Tobacco Department of Business and Profession Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 Lynda Goodgame, General Counsel Department of Business and Profession Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007
The Issue This is a disciplinary proceeding in which the Petitioner seeks to take disciplinary action against the Respondent on the basis of alleged violations of Section 849.094, Florida Statutes, set forth in a two-count Administrative Complaint.
Findings Of Fact At various times during early 1993, the Respondent, Set-Tel Marketing, Incorporated (hereinafter "Set-Tel"), arranged through a marketing company in Florida by the name of MRG for certificates to be mailed to people in various other states. The certificates evidenced participation in a game promotion known as "Celebrate America." Set-Tel paid MRG an agreed amount for each certificate that was mailed with Set-Tel's name, address, and telephone number. The certificates arranged for through MRG were ultimately mailed by Celebrate America, a game promotion located in New York. The subject certificates offered prizes to the certificate holder. The total value of the prizes was greater than $5,000.00. The subject certificates stated that the certificate holder was guaranteed one of the five listed prizes, which ranged in value from a brand new automobile to a 27-inch color television. Set-Tel's name, address, and telephone number were displayed on the front of the certificates. No other telephone numbers appeared anywhere on the certificates. The fine print on the back of the certificates included the following information: "To enter the sweepstakes automatically and receive additional details on the sweepstakes prizes and the values offered, call the telephone number indicated on the reverse side." Inasmuch as Set-Tel's telephone number was the only telephone number on the certificates, all telephone calls from certificate holders seeking to enter the sweepstakes and obtain prize information were made to Set-Tel. When certificate holders would call, Set-Tel would try to sell vacation packages to them. Certificate holders who were only interested in sweepstakes and prize information were told to contact Celebrate America directly. The subject game promotion was not registered in Florida. Set-Tel did not have any liability insurance, bond, or trust account.
Recommendation Inasmuch as the Department of State lacks statutory authority to issue a final order imposing any penalty for violation of Section 849.094, Florida Statutes, it is RECOMMENDED that the Department of State issue a Final Order in this proceeding dismissing the Administrative Complaint in its entirety. DONE AND ENTERED this 29th day of March 1995 in Tallahassee, Leon County, Florida. 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 29th day of March 1995.
Recommendation Based on the foregoing Findings Of Fact and Conclusions Of Law, it is recommended that respondent, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, enter a final order in this case denying the application of Petitioner, Lee County Liquors, Inc. for a quota alcoholic beverage license. RECOMMENDED this 9th day of August, 1985 in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 9th day of August, 1985.
The Issue This is a license discipline proceeding in which the Petitioner seeks to take disciplinary action against the Respondent on the basis of allegations that the Respondent has violated Section 550.105(6), Florida Statutes and Rule 61D-1.006(3)(a)2, Florida Administrative Code, by having unpaid financial obligations that directly relate to racing being conducted at a pari-mutual facility within this state.
Findings Of Fact At all times material to this case, David Monaci, an individual, held three pari-mutuel wagering occupational licenses, to-wit: Thoroughbred Trainer, DPMW license number 1079030-3050; Authorized Agent, DPMW license number 1079030- 1047; and an Unrestricted "U1" Professional license, DPMW license number 1079030-1081. David Monaci has some form of interest in, or relationship with, a corporation that is named either David Monaci Stable Inc., or D. Monaci Stable, Inc. The nature and extent of David Monaci's interest in, or relationship with, that corporation is not revealed by the evidence in this case. 3/ At some time during 1993, David Monaci, acting on behalf of the corporation named David Monaci Stable, Inc., or D. Monaci Stable, Inc., entered into an agreement with the Country Western Store in Davie, Florida, pursuant to which the Country Western Store would supply food and other necessities for the race horses being handled by David Monaci at the Gulfstream Park horse race track. The food and other necessities supplied by the Country Western Store were invoiced to "David Monaci Stable, Inc.", at an address in New Jersey. After the invoices went unpaid for a number of months, the Country Western Store quit providing anything for the race horses being handled by David Monaci. Shortly thereafter, the Country Western Store filed a lawsuit in Circuit Court in Broward County, Florida, against David Monaci Stable, Inc., seeking to recover the amount owed for the food and necessities it had furnished for race horses handled by David Monaci. On September 8, 1994, a Final Judgement was entered in favor of the Country Western Store and against David Monaci Stable, Inc. The Final Judgement provides, in pertinent part: 2. Plaintiff does have and recover from the Defendant, DAVID MONACI STABLE ,INC., the sum of $20,013.46 for damages, $224.76 for costs, $605.00 for attorneys fees, and $915.19 for interest, for all of which let execution issue. As of the date of the formal hearing in this case, nothing has been paid towards the satisfaction of the Final Judgement described immediately above. The Country Western Store did not sue David Monaci individually. The Country Western Store does not have a Final Judgement against David Monaci individually. The extent, if any, to which David Monaci in his individual capacity may or may not be responsible for the debts of David Monaci Stable, Inc., is not revealed by the evidence in this case.
Recommendation On the basis of all of the foregoing, it is Recommended that a Final Order be issued in this case dismissing all charges in the Administrative Complaint on the grounds that the evidence is insufficient to prove that the license holder, David Monaci, is responsible for any of the debts or obligations. DONE AND ENTERED this 14th day of August, 1996, in Tallahassee, Leon County, Florida. 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 14th day of August, 1996.
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by Robert E. Meale, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Respondent’s Notice of Filing withdrawing its Notice of Intent to Establish Additional Dealership, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter. Accordingly, it is hereby ORDERED that this case is CLOSED and no license will be issued to Genuine Scooters, LLC and Boca Scooters, LLC to sell Genuine Scooters-manufactured by Motive Power Industry Co., Ltd. (MOTI) and LML Limited (LMLL) at 389 Northwest 1 Avenue, Boca Raton (Palm Beach County), Florida 33432. Filed June 19, 2014 7:43 AM Division of Administrative Hearings DONE AND ORDERED this 1 day of June, 2014, in Tallahassee, Leon County, Florida. Filed in the official records of the Division of Motorist Services this day of June, 2014. Wal» On c Nalini Vinayak, Dealer License Administrator Copies furnished to: Nalini Vinayak Dealer License Section Kenneth L. Paretti, Esquire Quinton and Paretti, P.A. 80 Southwest 8" Street, Suite 2150 Miami, Florida 33130 kparetti@quintonparetti.com Trey Duren Genuine Scooters, LLC 5400 North Damen Avenue Chicago, Illinois 60625 Cobur Julie Baker, Chief Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A338 Tallahassee, Florida 32399 Colton Ralston Boca Scooters, LLC 389 Northwest 1st Avenue Boca Raton, Florida 33432 Robert E. Meale Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure.
Findings Of Fact Ida Bartlett is the sole shareholder, officer and director of the Applicant corporation. She pursued the lottery drawing for Pasco County for a quota liquor license in order to embark on her own business venture involving the sale of alcoholic beverages for on-premises consumption in a lounge-type situation, as well as possibly to sell alcoholic beverages in a package store for off-premises consumption. On September 18, 1984, the Division informed Ms. Bartlett by letter that she had been selected in the lottery drawing for an available quota liquor license in Pasco County. The letter advised her that she had 45 days from the date of the letter to file her application with the Tampa field office of the Division, which she did. In preparing her application, she sought the advice and counsel of her son, Charles Bartlett, an attorney who has extensive experience in commercial and real estate matters, including commercial litigation, contract litigation, landlord tenant litigation and zoning matters, as well as experience representing other quota liquor license applicants as clients. Mr. Bartlett was tendered and accepted without objection as an expert in these areas of law, and in the interpretation of contracts, leases and other documents related to these fields of law. In particular, Mr. Bartlett currently represents establishments holding liquor licenses, has recently been actively involved in leasing and licensing matters for them and was counsel for a 4-COP quota liquor license applicant in Sarasota County with regard to the same lottery drawing as the instant application. After she was advised of her successful lottery drawing and of the right to file her application within the 45 days, Mr. Bartlett and Ms. Bartlett began the preparation process for the application by attempting to locate suitable premises in Pasco County at which to locate the license and operate the related business. Mr. Bartlett contacted several real estate brokers in this connection and eventually met Mr. Harry Sasser, who had an existing lounge establishment in Hudson, Florida, Pasco County. Mr. Sasser's premises were then used for only on premises consumption of alcoholic beverages in a lounge-type situation. Mr. Bartlett and Mr. Sasser negotiated an agreement, reduced to writing and executed by the Applicant and Mr. Sasser, whereby his premises would be used for the liquor license sought by Ms. Bartlett. That agreement was entered into on November 1, 1984. It provided that upon the issuance of a license to Ms. Bartlett, Mr. Sasser would place his liquor license in escrow so that the only license applicable and used at the Sasser premises would be the license to be awarded Ms. Bartlett. Ms. Bartlett entered into this agreement in good faith and with the bona fide intent to be bound by it and to actually operate the premises under the license she sought (Applicant's Exhibit 2, in evidence). Mr. Bartlett drafted the agreement which required Mr. Sasser to lease the premises to the Applicant upon the occurrence of the condition precedent which is the granting of the liquor license. The agreement does not specify a rental amount, but rather provides that the rent shall be the prevailing market rate upon the execution of the related lease, which the parties agreed to enter into upon the granting of the license. The agreement does not specify a date certain for execution of the lease, but rather provides that the leasing of the subject premises will take effect upon the issuance of the liquor license. Mr. Bartlett established that this agreement is a legally binding document and affords the Applicant a legal right of occupancy to Mr. Sasser's premises upon the occurrence of that condition precedent. Such provisions for rental payment at market rates are common in lease agreements of that nature, and such a provision as to rental amount does not mitigate the binding effect and enforceability of such an agreement. Agreements contingent on the occurrence of a specific event which would trigger the execution of a lease to which the agreement refers, are common. Otherwise there would be no purpose to be served in leasing the premises for either party, until it is clear that the Applicant can use the premises for the purposes for which the agreement and contemplated lease are intended. Charles Bartlett and the Applicant prepared and completed the remainder of the license application and related documents to be filed with it. Mr. Sasser was actively involved in the completion and submission of the application, and indeed took it himself to the Pasco County zoning Authority to secure that body's approval of the purpose to which the premises involved would be devoted. The Pasco County Zoning Authority indicated no objection to issuance of the liquor license for the Sasser premises and it is noted in three letters, (in evidence) from the Pasco County Attorney regarding the zoning question, that the property was correctly zoned for on-premises consumption of alcoholic beverages, which is what the premises were currently used for and would be used for under the sought license, at least in part. The letters from the County Attorney regarding zoning do indicate that if off-premises package store sales were engaged in under the sought liquor license, that further certification from the zoning authority concerning the question of whether that would be a substantial departure from the existing use of the premises might be necessary and that rezoning to commercial zoning might be necessary before the premises could be used for package sales for off-premises consumption. Mr. Bartlett opined, based upon his experience in similar liquor license application matters that the premises were appropriately zoned for the issuance of the subject liquor license. Mr. Sasser took the application to the appropriate health department official and secured his approval as to the suitability of the Sasser premises for the use of the liquor license. The zoning authority approval and health department approval were asserted on the face of the application when filed. On about November 1, 1984, Mr. Sasser, Mr. Bartlett, and Ms. Bartlett met at the Tampa field office of the Respondent to assemble the liquor license application, submit it, and sign the agreement concerning the use of Sasser premises. The Division's filing clerk thereupon reviewed the materials submitted with the application and the application to make certain that all information had been provided in the spaces and blanks on the application, and that it was duly executed and signed. Those parties then met with Mr. Espinola who identified himself to them as the "licensing officer" to review the completeness of the application. Mr. Espinola met with the parties for about 15 minutes to review the application and the related agreement with Mr. Sasser. After reviewing the Sasser agreement, Mr. Espinola suggested that Sasser enter into an escrow agreement for his existing liquor license for those premises, so that the Applicant's license, if issued, could be located at the Sasser premises without occurrence of the situation of two licenses being issued for the same premises. Mr. Sasser agreed and entered into and signed an escrow agreement to that effect in the presence of Mr. Espinola, Charles Bartlett and Ms. Bartlett, the principal of the applicant corporation. Mr. Espinola, on behalf of the Division, accepted the application as complete upon submission. Mr. Bartlett was advised that the acceptance of the application as complete would stand so long as he submitted an affidavit from his father concerning the source of financing for the proposed business. Mr. Bartlett had the affidavit executed the same day and sent it by Federal Express the same day to Mr. Espinola. He then called Mr. Espinola the following day to verify the receipt of the financial affidavit by Federal Express, and Mr. Espinola indicated that all was in order. Thereafter the Applicant, being advised that the application was complete and in order, waited to hear from the Division as to its decision regarding the application. Neither the Applicant nor her attorney, Mr. Bartlett, was contacted further by the Division or by anyone from its headquarters in Tallahassee concerning any questions regarding the review of the application. In the meantime, Ms. Bartlett and her attorney, Mr. Bartlett, remained in contact with Mr. Sasser to make certain that everything was still in order regarding their arrangement. Mr. Sasser gave them no indication that anything was amiss or that he had changed his position regarding escrow of his license and the lease of his premises to the applicant corporation. Since a binding agreement between the Applicant and Mr. Sasser had been entered into, and since the execution of the contemplated lease only required occurrence of the condition precedent, that is the issuance of the license, there was no reason to enter into other agreements by the parties until the license was issued. Thus, the Applicant and Mr. Sasser awaited the Division's decision before taking any further action regarding the application or the inauguration of the new business. On March 6, 1985, by letter, the Applicant was advised that its application was denied by the Division. This was the first indication the Applicant had that the application was not in order and would not be routinely approved following Mr. Espinola's assurance that the application was complete and in order. The Division indicated in its letter of denial that the bases for denial were a lack of establishment of a right of occupancy of the subject premises, and lack of sufficient zoning for the subject premises. Upon learning of the Division's denial of the application, Mr. Bartlett contacted the Tampa and Tallahassee offices of the Division seeking further explanation for the denial. He offered to file an amendment to the application to cure the alleged defects, but was informed by a staff member of Mr. Schoenfeld, the Bureau Chief's office, that amendments would not be accepted. Thereupon, the Applicant instituted this-administrative challenge to the denial of the application. During the interim period of time prior to the subject hearing, the Applicant took further steps to secure approval of the application. Thus, at Mr. Bartlett's behest, the Chief Assistant County Attorney for Pasco County provided Attorney Sandra Stockwell of the Division a letter setting forth further and clarifying the zoning authority's position regarding the Sasser premises. This letter (in evidence) makes clear that the County has no objection to the issuance of a 4-COP liquor license for the Sasser premises, although it points out that should the holder of the license desire to expand the alcoholic beverage use to include the sale of liquor for on-premises consumption then a determination would have to be obtained from the zoning administrator of the County whether or not the expansion constituted a substantial expansion of use. If the administrator determined that the expansion of use was substantial in nature, then the Board of County Commissioners would have to approve the actual sale of liquor on the premises. Correspondingly, if the holder of the license were to seek to expand the alcoholic beverage use for the Sasser premises to include the sale of alcoholic beverages for off-premise consumption (package sales) the same action would be necessary prior to actual sale of the alcoholic beverages for off-premise consumption. Additionally, rezoning of property to the appropriate commercial district would be required prior to sale of alcohol for off-premise consumption. The Applicant also secured alternate premises to locate the applied-for liquor license in the event the Sasser arrangement fails to consummate or is otherwise deemed undesirable. The Applicant thus entered into a three-year lease agreement with two 5-year options for premises on U.S. 19 in the City of Port Richey. These premises had been recently used as a lounge establishment and are equipped with all required lounge and bar equipment and fixtures. The lease depicted in Applicant's Exhibit 8, in evidence, gives the Applicant a legal right to occupy the premises identified in that lease for the purposes of this license application. Those premises, additionally, are zoned for commercial use, which according to the City of Port Richey Zoning Code is appropriate for the on premises consumption of alcoholic beverages. In this connection, it was established by Mr. Bartlett, based on his personal experience in representing liquor license applicants, that the Division has approved the issuance of 4-COP liquor licenses to a number of applicants he has represented for premises zoned for on-premises consumption of alcoholic beverages only without them being zoned at the time of issuance for off-premises package sales. DIVISION POLICY Mr. Barry Sehoenfeld is the Bureau Chief of Licensing and Records for the Division. He has been delegated the authority to process and finalize all quota liquor license applications and is in charge of the state-wide system for the review and issuance of alcoholic beverage licenses. He is the final decision maker on quota liquor license applications. Quota liquor licenses authorize license holders to sell alcoholic beverages for on-premise consumption and/or package sales. A quota liquor license enables the holder to sell alcoholic beverages for on-premise consumption, to sell such beverages in a package store capacity or both, according to Mr. Schoenfeld. Quota liquor licenses are issued on a county basis. Only a certain number of such licenses are issued in a county, depending on the population of the county. When the Division determines that it is appropriate for additional quota liquor licenses to be issued for a county, the Division holds a drawing and all interested persons may apply to get in the pool for the lottery drawing. When such a person is drawn, that person can then file an application with the Division for issuance of a liquor license. A "4-COP quota liquor license" refers to a county which has more than 100,000 population. When a party is selected from the lottery drawing to file an application for a quota liquor license, that person has 45 days from notice of the drawing to do so. The application is filed in the local field office of the Division in which the applicant seeks a license. The field office involved in this proceeding is the Tampa office. The application and all related documents must be filed with the licensing clerk of that field office, who then determines whether all documents are in order and whether the application can be accepted by the field office for review. Another staff member in the field office then meets with the applicant to determine whether all necessary forms and documents are complete. In the instant situation, that person was Mr. Espinola. According to Division policy, the field office will not accept an application if not complete. According to policy the applicant does not receive a letter regarding completeness from the field office, but simply a verbal understanding from the personnel of the field office that the application is complete upon submission and acceptance by that office. Here the Applicant was so informed. Once an application is submitted and deemed complete, the field office may ask the applicant for additional information. Requesting additional information is common practice and is often done after the 45-day submission deadline. In fact, if an application is missing the field office will contact an applicant to request that he provide the missing documents. According to Division policy, as explicated by Mr. Schoenfeld, review of an application should be performed with the applicant present so that additional information or explanation required may be done at that time. The intent of this policy is to keep the applicant advised of Division requirements and to communicate freely with an applicant to ensure that all necessary data is gathered for review. Further investigation of an application will be pursued if the field office supervisor deems that necessary and it is within the discretion of that supervisor as to whether an investigation is necessary, and if so, the scope of that investigation. If an investigation is deemed necessary, the supervisor should provide specific instructions to an investigator as to the scope of his investigation. There is no set time during which an investigation should be completed, and the scope depends on the particular circumstances of the application. It is common for an investigation to require one to to three months. The purpose of the investigation is to discover as much information as necessary to fairly make a recommendation on the application. After review by the field office, and any investigation by that office if it is deemed necessary, the field office makes a recommendation to the Division headquarters and Mr. Schoenfeld in Tallahassee regarding disposition of the license application. It is at this point that Mr. Schoenfeld becomes involved with any license application. Thereafter Mr. Schoenfeld makes a final determination on the application and the applicant is sent either a liquor license or a letter of denial. The letter of denial sets forth all bases for the Division's denial of such an application. According to statute, the application process must be completed and the Division must make its decision within 180 days. This time frame can be waived by an applicant however, if it appears for any reason that the statutory time requirement cannot be met, as for instance in situations where the premises to be used are not yet constructed or other delays have been encountered by the applicant or the Division, when both are acting in good faith. In such situations, the Division's decision on the application is placed in abeyance for an indefinite period until the premises are constructed or the other basis for delay by either the Division or the applicant in the review process have been alleviated. Mr. Schoenfeld also explained Division policy to allow for a liquor license holder to move his license to another premises by submitting an application to the Division for a transfer. Additionally, Division policy allows an applicant to propose to locate his license in a premise already holding a liquor license, if the existing license holder places his license in escrow. It is a routine matter for such previous license holders to place their licenses in escrow under these circumstances. Pursuant to the below-cited statutory authority, an applicant must have "suitable premises" in which to house or locate the liquor license for which it has applied. The Division interprets this to mean that an applicant must demonstrate a legal right of occupancy for the premises identified in an application. Mr. Schoenfeld acknowledged that the phrase "legal right of occupancy" is not defined by statute or agency rule, but that the intent is to make certain that an applicant has a lawful right to occupy the identified premises. The Division determines on a case by case basis whether an applicant has secured a lawful right of occupancy. Typically, this determination process does not employ the use of Division attorneys to review and determine from a legal standpoint whether a right of occupancy has been demonstrated. There is no statutory provision or Division rule which requires that written documentation be submitted with an application in establishing a legal right of occupancy. The Division's policy and procedures manual does not specifically require a right of occupancy document to be filed with the application. The Division's application form furthermore, does not require written documentation by the applicant to prove its legal right of occupancy. Although Mr. Schoenfeld indicated that the Division requires written documentation of an applicant's lawful right of occupancy to the identified premises, no specific type of agreement is required. Rather, any document reflecting a binding, lawful right of occupancy is sufficient, nor is it necessary that the written document be a lease agreement. In the instant case, as Mr. Bartlett established, a binding, written contract calling for the occupancy of the Sasser premises was timely executed by the parties to the application and filed with the application, which binds the parties to enter into a written lease upon the occurrence of the condition precedent, that is the issuance of the liquor license. The Division requires an applicant to show sufficient, appropriate zoning for the premises identified to be used in an application. On the second page of the application there is a section requiring indication whether the appropriate zoning authority has determined whether the identified premises are in compliance with existing zoning regulations. Additional information in the form of letters from the appropriate governing authority is commonly submitted with an application to demonstrate that the premises have sufficient zoning. A 4-COP quota liquor license authorizes on-premises consumption of alcoholic beverages and/or package store sales. In some situations, existing zoning regulations permit only the on-premises consumption of alcoholic beverages and not package store sales for off-premise consumption. That is the case with the Sasser premises involved herein and as to the alternate premises, depicted in Applicant's Exhibit 8, in evidence, although that property is commercially zoned. Commercial zoning also encompasses on-premises consumption of alcoholic beverages only. Division policy, however, provides that conditional zoning approvals are acceptable in the process of reviewing and granting liquor licenses. The Division has approved applications where the zoning only allowed on-premises consumption of alcoholic beverages and, as discussed above, in Mr. Bartlett's experience with his own clients such approval has been given where zoning only permitted on-premises consumption for quota liquor licenses on more than one occasion. In these situations, the Division's policy is that it is not responsible for enforcing the terms of the conditional zoning approval' that is a matter to be negotiated or enforced between the local zoning authority and the ultimate holder of the liquor license involved. Conditional zoning approval does not bar the issuance of a quota liquor license. Additionally, Mr. Schoenfeld corroborated Mr. Bartlett's testimony showing that it is often reasonable to waive the 180-day statutory time period to accommodate situations where an applicant must change the premises originally applied for in such instances where a landlord or owner of the premises originally identified in an application breaches the right of occupancy agreement after the application is submitted for review by the Division. In those instances, it has often been determined to be reasonable to allow an applicant to amend his application after the 45-day time period has elapsed to allow for such a change of premises. Licenses have indeed been issued frequently for alternate or changed premises from those originally identified in an application so long as an applicant has acted in good faith throughout the application process. Also, according to Division policy, if an applicant is making a good faith effort to arrange for a suitable, appropriately zoned premises from which to operate his license, the Division will permit the applicant to locate alternate premises in instances where zoning approval is denied subsequent to the 45-day period or has not yet been obtained at the end of the 45-day period. It should be noted that Mr. Bartlett described two instances where this policy was followed where the Division permitted a change of premises after submission of an application. In one case an application was submitted for premises in a shopping center not yet built. After it was filed and prior to issuance of the license, the applicant elected to change the location and to amend the application. The license was granted for the second location. In another situation an amendment to the application was effected after the 45-day period, proposing a change of premises. The amended application was approved by the Division and the zoning on the changed location allowed only on-premises consumption of alcoholic beverages and not package store sales. Even so the Division approved issuance of that license. DIVISION REVIEW Mr. William Fisher is a law enforcement investigator for the Tampa field office of the Division. Mr. Fisher's immediate supervisor is Reuben Espinola. Mr. Fisher's duties involve investigation of liquor license applicants and related premises to ascertain whether the application should be recommended for approval or not. He does not investigate applications independently, but rather acts on Mr. Espinola's instructions. Mr. Espinola normally does not instruct him as to the scope of his investigation (contrary to policy as stated by their superior, Mr. Schoenfeld). In any event, Mr. Espinola ordered Mr. Fisher to investigate the Ida Know, Inc. application without giving him specific instructions. Mr. Fisher was not present at the meetings between the applicant and Mr. Espinola and other members of the staff in the Tampa field office when the application was first submitted and accepted as complete. Mr. Fisher traveled to Mr. Sasser's establishment to investigate the application, and conferred with Mr. Sasser for approximately 75 minutes on January 29, 1985, which meeting constituted the entirety of his investigation of this application, although he had acknowledged that such application investigations normally require one to three months so as to discover as many facts as possible to completely and fairly conduct the review. The next day, however, Mr. Fisher recommended to his superiors that the application be denied after his single conversation with Mr. Sasser. No further investigation by the Tampa field office was performed. Mr. Fisher never conversed with the applicant nor Mr. Bartlett during the investigation or at any other time, nor did he communicate in writing with them, although he acknowledged that conversing with applicants concerning matters involved in investigation of an application is common practice. Mr. Fisher had not read the Division's policy and procedures manual in its entirety. He exhibited some unfamiliarity with Division policy, as for example, his belief that Division policy does not allow issuance of a liquor license for premises where the zoning does not authorize both on-premises consumption and package store sales for off-premises consumption. Mr. Schoenfeld acknowledged that Mr. Fisher misunderstood the pertinent Division policies regarding this liquor license application and the review of it, and yet Mr. Schoenfeld's denial of the application was based entirely on the investigation performed by the Tampa field office and specifically Mr. Fisher. Mr. Schoenfeld did not conduct any independent investigation of his own and never conferred with either Mr. Sasser, the Applicant, Ms. Bartlett, or Mr. Bartlett. His conclusion, and Mr. Fisher's conclusion that no right of occupancy of the Sasser premises existed was evidently based on the Division's Exhibit No. 3, which was not admitted into evidence. In any event, if indeed Mr. Sasser was seeking to recant his agreements with the Applicant and that fact was within the knowledge of Mr. Fisher or someone else in the Tampa field office or the Tallahassee office of the Division, no Division staff member ever contacted the Applicant to advise them of that purported situation, nor to seek additional information from the Applicant concerning it. Even if Mr. Sasser could successfully repudiate his agreement to escrow his liquor license and his agreement to allow the Applicant to use his premises, the Applicant has successfully established its right of occupancy and use of the alternative premises depicted and described in Applicant's Exhibit 8, however, which is zoned commercially such that on-premises consumption of any alcoholic beverage is permitted.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, and the candor and demeanor of the witnesses, as well as the pleadings and arguments of the parties, it is, therefore RECOMMENDED that the application of Ida Know, Inc. d/b/a The Anchorage, be approved and that the subject 4-COP quota liquor license be issued to that applicant in a manner consistent with the conditions and alternatives posited in the paragraph last above. DONE and RECOMMENDED this 1st day of April, 1986 in Tallahassee, Florida. P. MICHAEL RUFF, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of April 1986.
The Issue The issue is whether Proposed Florida Administrative Code Rule 61D-2.026(4) and (6) is an invalid exercise of delegated legislative authority, pursuant to sections 120.52(8) and 120.56(1)(a), Florida Statutes.
Findings Of Fact Pursuant to chapter 550, Florida Statutes, Petitioner Second Chance operates jai alai games at its facility in Marion County, and Petitioner WFA owns and operates a greyhound permit and summer jai alai permit at its facility in Miami-Dade County. Petitioner WFA also indirectly owns a summer jai alai permit at the Miami Jai Alai in Miami-Dade County and owns partial interests in two jai alai permits operated at the Dania Jai Alai facility in Broward County. Pursuant to chapter 550, Intervenor owns and operates a jai alai permit at its facility in Seminole County, where it conducts live jai alai permits. Petitioners and Intervenor are regulated by the proposed rules that they challenge in these cases. Proposed rule 61D-2.026(4) (the Court Rule) provides: Jai alai games must be conducted on a three-walled court meeting the following requirements: The side wall must be at least 175 feet long and at least 35 feet in height; The front wall and back wall must be at least 35 feet in width and height; The front wall must be made of granite. All courts must have sufficient overhead coverage to ensure for the operation of scheduled performances. All courts must have a live viewing area for games. Proposed rule 61D-2.026(6) (the Roster Rule) provides: "Jai Alai permit holders must utilize a rotational system of at least eight different players or teams." The rulemaking authority cited for the Court Rule and the Roster Rule is sections 550.0251 and 550.105(3) and (10)(a). The law implemented cited for the Court Rule and the Roster Rule is sections 550.0251, 550.105, and 550.70.
The Issue Whether or not the, Respondent, Buenaventura Lakes Country Club, Inc., may be issued Division of Beverage, license number 7-COP-59-2, for use at 301 Buenaventura Boulevard, Kissimmee, Florida.
Findings Of Fact The Petitioner and Respondent stipulated and agreed to the underlying facts which they deemed to have necessary application in considering the question of the propriety of the Respondent issuing the Division of Beverage, license number 7-COP-59-2 to the Petitioner for use at 301 Buenaventura Boulevard, Kissimmee, Florida. Notwithstanding the lack of dispute in facts surrounding this issue, the Respondent and Petitioner have requested the undersigned to examine those facts and to offer conclusions of law on the dispute. In the course of the presentation, it was agreed that Mr. Norman J. Smith, attorney for the Petitioner, would be allowed to set forth the factual stipulation for the record. Mr. Smith indicated that the official description of the license was, Division of Beverage, license number 7-COP-59-2. It was stated that the Petitioner is now a qualified motel and restaurant as set forth in Florida Statute, 561.20, which describes those establishments which would qualify for a "special" beverage license. It was further indicated that when the license in question was issued originally it was not issued to such a qualified hotel, motel or restaurant as set forth in Florida Statute, 561.20, which established the requirements for issuance of a "special" beverage license, and that when the subject license was transferred to the present location, that the motel and restaurant, at the present location, was not such a qualified hotel, motel or restaurant in accordance with Florida Statute, 561.20, which established those requirements for issuance of a "special" beverage license. However, as of October 21, 1975, and as of the application date for license transfer, filed by the Petitioner, by improvements and physical changes to the edifice, (location where the license currently is housed), would meet the definitional requirements of Florida Statute, 561.20, which sets forth the qualifications for "special" beverage licenses to be issued to a hotel, motel or restaurant. This qualification referred to as of October 21, 1975, and as of the date of application, applies to the section on hotels/motels and restaurants. That is to say the establishment would qualify under the standards for a hotel/motel or under the standards for a restaurant. It was further established that the application which was filed by the Petitioner was duly filed with the Division of Beverage upon form, DBR-704L, which is the application for the transfer of an alcoholic beverage license in this type request. Mr. Smith stated that the Petitioner understood that the letter of August 21, 1975, from the Director of the Division of Beverage, addressed to the Petitioner, stated the only basis for denying the application which had been filed by the Petitioner, and Mr. Hatch, attorney for the Respondent, agreed that there were no other grounds for disapproving the license application other than the one established in the letter from Mr. C. A. Nuzum, Director of the Division of Beverage. It was more specifically developed that the language which was relied upon to deny the application was that language set forth in Florida Statute, 561.20(2)(a)(3), "... However, any license heretofore issued to any such hotel, motel, motor court, or restaurant or hereafter issued to any such hotel, motel, or motor court [including a condominium accommodation] under the general law shall not be moved to a new location, such license being valid only on the premises of such hotel, motel, motor court, or restaurant." Mr. Hatch, in behalf of the Respondent, agreed to the accuracy of the depiction of the stipulation as stated for the record by Mr. Smith. The parties through their respective attorneys then offered oral argument on the law as it relates to the Petitioner's request for issuance of a license at the aforementioned location. Additionally, Mr. Bishop, a licensing supervisor with the Division of Beverage, was called to testify concerning his interpretation of the operation of Florida Statute, 561 as it pertains to license applications, moves, and transfers. One further item was offered in the way of a stipulation, and that is an agreement on the part of Mr. Smith, for the Petitioner, to allow examination of two memoranda offered by the Respondent as part of its argument. Mr. Smith indicated that he had a copy of the memoranda and that he had no objection to the use of that memoranda in the way of argument in behalf of the Respondent. Upon that representation the undersigned was provided with a copy of the Respondent's memoranda and has considered the same in addressing the legal issue.
Recommendation It is recommended that the application for transfer as filed by the Respondent, Buenaventura Lakes Country Club, Inc., to transfer Division of Beverage, license number 7-COP-59-2 from its present location to 301 Buenaventura Boulevard, Kissimmee, Florida, be granted. DONE and ENTERED this 20th day of November, 1975, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Norman J. Smith, Esquire Brinson and Smith, P. A. Post Office Drawer 1549 Kissimmee, Florida 32741 William A. Hatch, Esquire Department of Business Regulation Division of Beverage 725 Bronough Street Johns Building Tallahassee, Florida 32304
