(1) Licenses shall be issued only to persons of good moral character who are not less than 21 years of age. Licenses to corporations shall be issued only to corporations whose officers are of good moral character and not less than 21 years of age. There shall be no exemptions from the license taxes herein provided to any person, association of persons, or corporation, any law to the contrary notwithstanding.
(2) A license under the Beverage Law may not be issued to any person who has been convicted within the last past 5 years of any offense against the beverage laws of this state, the United States, or any other state; who has been convicted within the last past 5 years in this state or any other state or the United States of soliciting for prostitution, pandering, letting premises for prostitution, or keeping a disorderly place or of any criminal violation of chapter 893 or the controlled substance act of any other state or the Federal Government; or who has been convicted in the last past 10 years of any felony in this state or any other state or the United States; or to a corporation, any of the officers of which have been so convicted. The term “conviction” includes an adjudication of guilt on a plea of guilty or nolo contendere or the forfeiture of a bond when charged with a crime.
(3) The division may suspend or revoke the license under the Beverage Law of, or may refuse to issue a license under the Beverage Law to:
(a) Any person, firm, or corporation the license of which under the Beverage Law has been revoked or has been abandoned after written notice that revocation or suspension proceedings had been or would be brought against the license;
(b) Any corporation if an officer, director, or person interested directly or indirectly in the corporation has had her or his license under the Beverage Law revoked or has abandoned her or his license after written notice that revocation or suspension proceedings had been or would be brought against her or his license; or
(c) Any person who is or has been an officer of a corporation, or who was interested directly or indirectly in a corporation, the license of which has been revoked or abandoned after written notice that revocation or suspension proceedings had been or would be brought against the license.
Any license issued to a person, firm, or corporation that would not qualify for the issuance of a new license or the transfer of an existing license may be revoked by the division. However, any company regularly traded on a national securities exchange and not over the counter; any insurer, as defined in the Florida Insurance Code; or any bank or savings and loan association chartered by this state, another state, or the United States which has an interest, directly or indirectly, in an alcoholic beverage license shall not be required to obtain division approval of its officers, directors, or stockholders or any change of such positions or interests. Any such company, insurer, bank, or savings and loan association which has a direct or indirect interest or which has an ownership interest in the business sought to be licensed, but which does not operate that business, may elect to place the license solely in the name of the operator. The operator’s license application shall list the direct, indirect, or ownership interest and the names of the officers, directors, stockholders, or partners of such company, insurer, bank, or association. A shopping center with five or more stores, one or more of which has an alcoholic beverage license and is required under a lease common to all shopping center tenants to pay no more than 10 percent of the gross proceeds of the business holding the license to the shopping center, shall not be considered as having an interest, directly or indirectly, in the license. A performing arts center, as defined in s. 561.01, which has an interest, directly or indirectly, in an alcoholic beverage license is not required to obtain division approval of its volunteer officers or directors or of any change in such positions or interests.
(4) If a corporation is unable to qualify for or continue to hold an alcoholic beverage license because the corporation has been convicted of a felony and the felony conviction is unrelated to any offense against the beverage laws of this state, any other state, or the United States, such conviction will not constitute an absolute bar to the issuance, renewal, or transfer of an alcoholic beverage license to the corporation, or to the continued holding of an alcoholic beverage license by the corporation, if the corporation can demonstrate to the satisfaction of the division, in a public hearing under ss. 120.569 and 120.57, that the corporation has terminated its relationship with any director, officer, employee, or controlling shareholder whose actions directly contributed to the conviction of the corporation. If a corporation is unable to qualify for or continue to hold an alcoholic beverage license because an officer of the corporation has been convicted of an offense enumerated in subsection (2), such conviction will not constitute an absolute bar to the issuance, renewal, or transfer of a license to the corporation, or to the continued holding of an alcoholic beverage license by the corporation, if the corporation can demonstrate to the satisfaction of the division that the corporation has terminated its relationship with the officer so convicted. If any corporation has received a full pardon or restoration of civil rights pursuant to state law with respect to any conviction of a violation of law, the conviction does not constitute an absolute bar to the issuance, renewal, or transfer of a license or grounds for revocation or suspension of a license. The division shall annually report to the offices of the President of the Senate and the Speaker of the House of Representatives all agency actions taken pursuant to the provisions of this subsection.
1Note.—As amended by s. 1, ch. 85-285; s. 6, ch. 85-285, in pertinent part provides that “[i]n the event that a federal court of last resort determines that it is unconstitutional for the Federal Government to withhold transportation funds from the state because the legal age of the sale, consumption, or possession of alcoholic beverages is under 21 years of age or if federal legislation is enacted to allow the drinking age to be lowered or modified from 21 years of age, it is the intent of the Legislature that the amendments to [this section] contained in this act shall be null and void and that [this section reverts] to the language existing . . . on June 30, 1985.”
...On this appeal counsel for appellant contends that a liquor license issued under the provisions of Chapter 561, F.S.A., may be made the subject of a valid and enforceable agreement to assign and transfer as was provided for by the parties hereto under the above quoted provisions of the lease. Section 561.15, F.S.A., provides that licenses to sell liquor shall issue only to persons of good moral character who have not been convicted of any offense involving moral turpitude and who are above 21 years of age....
Cited 4 times | Published | Supreme Court of Florida
...The legislature has amplified on the disabilities which stem from conviction of a felony. Section 112.011 (employment); Section 790.23(1) (firearms); Section 40.07(1) (jury); Section 775.13 (registration of convicted felons); Section 97.041(3)(d) (voting); and Section 561.15 (beverage license), Florida Statutes (1975)....
Cited 4 times | Published | Florida 1st District Court of Appeal
...of Business Regulation, Tallahassee, for appellee. WENTWORTH, Judge. Appellant, the holder of a special beverage license issued pursuant to § 561.20(2)(a)3, is seeking review of a final order of the Division of Alcoholic Beverages and Tobacco which found it guilty of violating § 561.20 and § 561.15(3)(c), Florida Statutes, and Florida Administrative Code Rule 7A-3.15....
...d that the licensee did not meet the requirements of § 561.20, i.e., that Harry's was operating in violation of the beverage laws by failing to derive 51% of its gross revenues from the sale of food and nonalcoholic beverages. The charge also cited § 561.15(3)(c)....
...f less than one year. The charge and the proofs in this case were limited to a six-month period and could not, accordingly, support a finding that appellant was not in compliance with the 51% requirement at the time alleged. Appellee's argument that § 561.15(3)(c) [3] is not affected by the one-year requirement is erroneous since, in this case, the Division could not show an inability to qualify for a new license without proving the failure to meet the 51% under the rule....
...[2] Verbatim, the amended third count alleged: The principal business of the licensed premises is not the serving of full course, bona fide meals and the licensee does not meet the requirements of sec. 561.20, Fla. Stat., to hold a special restaurant license. Section 561.15(3)(c), Fla. Stat. [3] The pertinent part of § 561.15(3)(c) provides: Any license issued to a person, firm or corporation that would not qualify for the issuance of a new license or the transfer of an existing license may be revoked by the division....
...Bond Realization Corp., 112 Fla. 434, 150 So. 751. We have never adjudicated or placed at rest the issues presented by the Petition in the case at bar. We simply held that the petition for an alternative writ of mandamus stated a prima facie case. Section 561.15, F.S.A., provides that liquor licenses shall issue only to persons of good moral character, who have not been convicted of any offense involving moral turpitude and who are not less than 21 years of age....
..., where it is to be located and the kind of license desired. The application shall give the names and addresses of all persons interested in the proposed business, and, if such persons are within the definition of those persons described in Sections 561.15 and 561.16, then said application must be denied....
...*1103 Charles L. Curtis, Tallahassee, for petitioner. Charles F. Tunnicliff, Tallahassee, for respondent. DREW, E. HARRIS (Ret.), Associate Judge. Zemour, Inc. seeks review of an order of the Division of Beverage denying its application for a beverage license. Section 561.15(1), Florida Statutes, limits the issuance of a beverage license to persons of good moral character not less than 21 years old and to corporations whose officers are of good moral character and not less than 21 years old. Section 561.15(2), Florida Statutes, describes certain persons who are automatically excluded from obtaining such license. In White v. Beary, 237 So.2d 263 (Fla.1st DCA 1970), this court, in disposing of the contention that Section 561.15(1), Florida Statutes, failed to prescribe standards for "good moral conduct", said: "......
...By letter of February 15, 1977, the Director of the Division of Beverage has denied the transfer and the change of name applications. The denial was premised upon the statement that the application corporate officer, Edgard Zemour was not believed to be of good moral character, as required by § 561.15, F.S....
...The applicant here is shown to be one which, in our judgment, falls within that category. The petition for review is denied. BOYER, Acting C.J., and MASON, ERNEST E. (Ret.), Associate Judge, concur. NOTES [1] When not one included in the prohibitions of Section 561.15(2), Florida Statutes.
Cited 2 times | Published | Florida 5th District Court of Appeal
...Section 561.32, as set out in footnote one, does not state that transfer of a license is automatic upon application. It was necessary that appellant establish that this was a bona fide sale, secure approval of its application, and show an absence of agency proceedings. Section 561.15 provides that "Licenses to corporations shall be issued only to corporations whose officers are of good moral character ..." Here the president and sole stockholder of appellant corporation was Pridgen, whose "good moral character" was being scrutinized by the Division....
...*239 Section 561.17(1), Florida Statutes, F.S.A., provides that: “* * * If the applicant or any person interested with the applicant either directly or indirectly in the business for which the license is sought shall be such a person as is within the definition of persons to whom a license should be denied as prescribed by § 561.15 * * * then the application shall be denied by the director.” Section 561.15 in the portion material to this case provides that persons who have had any beverage license held by them revoked shall not be qualified for the issuance of another license....
...Said order approving the transfer shall, in conformance with the above, be without prejudice to the respondent’s right to file revocation charges and hold hearing thereon should it hereafter appear that any person is directly or indirectly interested in this license who is prohibited from obtaining such license by Section 561.15(3), Florida Statutes, F.S.A....
Cited 1 times | Published | Florida 1st District Court of Appeal | 2005 WL 3487856
...e Legislature sometimes has set out absolute bars to licensure where the applicant has a prior felony conviction. See, e.g., § 320.27(9)(a)2., Fla. Stat. (2004) (motor vehicle dealers); § 550.1815(1)(b)1., Fla. Stat. (racing and jai alai permits); § 561.15(2), Fla....
...Petitioner seeks review of an order of the State Beverage Department and the Department of Business Regulation denying his application for transfer of a liquor license in Jacksonville, Florida. The order denying the transfer was based on a finding that petitioner was not qualified to hold such a license by reason of Section 561.15(1), Florida Statutes, F.S.A., which provides that licenses shall be issued only to persons of good moral character....
...ted States. We conclude that the Division’s authority is not constrained by the absence of a similar felony under the laws of Florida, as the revocation of the appellant’s license is prescribed by the provisions of chapter 561, Florida Statutes. Section 561.15(3) provides for the revocation of an alcoholic beverage license if the licensee would not qualify for the issuance of a new license. See also, section 561.-29(l)(g). And section 561.15(2) precludes the issuance of a license if an officer of a corporate licensee has recently been convicted of “any felony in this state or any state of the United States_” The Division has construed this statutory language as encompa...
...e classified as a felony under the laws of Florida. We agree that this is a straight-forward and appropriate construction of the statute. As indicated in Guiseppe Pizzeria v. Department of Business Regulation, 472 So.2d 1331 (Fla. 3d DCA1985), under section 561.15(2) it is irrelevant whether the foreign offense would be a felony in Florida....
...pelling instrument of statutory interpretation in the absence of statutory language clearly reflecting a broader or different use of the word. See also, Duggar v. State, 43 So.2d 860 (Fla.1949). Unlike the statutes involved in Shields and Rotstein , section 561.15(2) clearly addresses offenses which are identified as felonies in other jurisdictions, even if they are not so classified in Florida....
...e, in the exercise of its discretion, on the basis of Porto’s conviction. 1 In the Florida proceedings, a hearing officer recommended the issuance of a license. The Division, however, rejected the recommendation and denied Porto a license based on section 561.15(2), Florida Statutes (1981)....
...rpretation is entitled to great weight and persuasive force and should not be departed from unless clearly erroneous. Bureau of Crimes Compensation, Florida Department of Labor & Employment Security v. Reynolds, 443 So.2d 501 (Fla. 3d DCA 1984). Section 561.15(2), Florida Statutes (1981) provides that “[n]o license under the Beverage Law shall be issued to any person who has been ......
...admission. [emphasis supplied]) Section 112.011(l)(b) requires a restoration of civil rights before automatic disqualification for a license is removed. The New York certificate did not restore Porto’s civil rights. Therefore, the automatic bar of section 561.15(2) still applies....
...one incident of administrative discipline by the Department, but no proceedings have been instituted to suspend or revoke his license; and the Director found in the instant proceeding that Isiah was not of “good moral character” as prescribed in Section 561.15 because of (1) the above mentioned violation, (2) some “confidential” information which he was not at liberty to disclose, and (3) certain hearsay statements the Director had acquired some eight years ago when he was serving as Chief of Police of Maitland, Florida, although he could not identify the applicant as the same person who was the subject of the statements. Further elaboration on the record is not required. Section 561.15(1) expressed the legislative intent that persons licensed by the Beverage Division shall be of good moral character....
...ly upon the basis of “confidential information” which it refuses to disclose to the applicant. It is elementary that a citizen is entitled to the reasons given for denial of his license application. Petitioner challenges the constitutionality of Section 561.15(1) primarily upon the contention that it does not specify the standards for “good moral character.” We doubt that the legislature could in its infinite wisdom detail each salient standard *266 for good moral character....
...en restored pursuant to constitutional executive clemency powers. At the same time, however, the department may take into account and rely upon the circumstances surrounding his prior conviction and may give weight to the general policy expressed in section 561.15, Florida Statutes (1985)....
...lant’s license pursuant to 561.29 (1). Accordingly, the order on appeal is AFFIRMED. BOOTH, C.J., concurs. ZEHMER, J., concurs specially. . Revocation does not disqualify appellant from obtaining another special beverage license in the future. See § 561.15(3). A business which meets the criteria of 561.20(2)(a)3., is automatically entitled to an SRX license unless the owner(s) come under the limiting provisions of § 561.15. Where § 561.15 applies to an owner, such as when an owner has had a license revoked previously, DABT may review the application and may exercise its discretion in granting or denying the application.
...merely a matter of administrative convenience; (3) F.S. § 561.47(1), F.S.A., allows the distributor to purchase stamps with a discount of two cents on the dollar; this is a method of reimbursing the distributor for tax collecting efforts; (4) F.S. § 561.15, F.S.A., requires stamps as an incident of possession for all beverage holders except manufacturers and distributors, thus indicating that the taxes are not on possession or distillation, but upon sale....
...victed of a felony. Section 562.13, Florida Statutes, F.S.A., provides that it shall be unlawful for a licensed vendor to knowingly employ any person in the place of business of such vendor who does not meet the qualifications required of licensees. Section 561.15, Florida Statutes, F.S.A., specifies that no license under the beverage law shall be issued to any person who has been convicted in the last past fifteen years of any felony in this state....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
