MCCOY RESTAURANTS, INC., D/B/A BUCKETS BAR AND GRILL, APPELLANT,
v.
DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, APPELLEE
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McCoy Restaurants challenges the Division of Alcoholic Beverages and Tobacco's revocation of its liquor license based on federal tax felony convictions of three corporate officers. The court affirmed the revocation, holding that Florida law permits license revocation when officers are convicted of felonies in other jurisdictions, regardless of whether those offenses would constitute felonies under Florida law.
The Division's authority to revoke the license is not constrained by the absence of a similar felony classification under Florida law. Section 561.15(2) of the Florida Statutes clearly encompasses felony convictions in other jurisdictions regardless of how the offense would be classified in Florida, and the Constitution does not limit the legislature's power to address licensing consequences of out-of-state felony convictions.
[1] A corporate officer's conviction of a federal felony is grounds for revocation of an alcoholic beverage license under Florida Statutes section 561.15(3) and 561.29(1)(g).
[2] Florida Statutes section 561.15(2) permits the denial of an alcoholic beverage license if an officer of a corporate applicant has been convicted of any felony in this sta…
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Join FLexlaw to unlock all legal intelligence“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."”
Establishes the statutory language that permits the Division to consider out-of-state felony convictions.
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Join FLexlaw to unlock all legal intelligenceThree corporate officers of McCoy Restaurants, Inc. (d/b/a Buckets Bar and Grill) were convicted of federal tax offenses classified as felonies under …
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ALLEN, Judge.
The appellant challenges an administrative order by which the Department of Business Regulation, Division of Alcoholic Beverages and Tobacco (Division), revoked the appellant’s alcoholic beverage license after three of the appellant’s corporate officers were convicted of federal tax offenses classified as felonies under the laws of the United 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 encompassing a felony conviction in another jurisdiction without regard to whether the offense would be 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.
The appellant contends that this approach does not comport with article X, section 10, Florida Constitution, which describes a felony as an offense “punishable under the laws of this state, or that would be punishable if committed in this state, by death or by imprisonment in the state penitentiary.” In Shields v. Smith, 404 So. 2d 1106 (Fla. 1st DCA1981), rev. denied, 412 So. 2d 470 (Fla.1982), it was suggested that when the word “felony” appears in this state’s statutes it should be interpreted in connection with the language of article X, section 10. Shields also referred to Rotstein v. Department of Professional and Occupational Regulation, 397 So. 2d 305 (Fla. 1st DCA1980), review denied, 402 So. 2d 609 (Fla.1981), wherein the court on rehearing relied on the interpretive weight of article X, section 10, as a compelling 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. Article X, section 10, does not limit the legislature’s power to address the licensing consequences of such offenses, or the Division’s authority under the statutory mandate.
The appealed order is affirmed.
ZEHMER and WEBSTER, JJ., concur.
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Doyle v. Fla. Dep't of State, 748 So. 2d 353 (Fla. 1st DCA 1999)…onstituted felonies if committed in Florida. Article X, Section 10 does not require us to disregard the plain language of sections 790.06(2)(d) or 790.23. See McCoy Restaurants, Inc. v. Department of Bus. Reg., Div. of Alcoholic Beverages & Tobacco, 616 So. 2d 545 (Fla. 1st DCA 1993). Our construction is underscored by section 790.23(2), which provides that the statute does not apply to a person convicted of a felony whose civil rights have been restored. In our judgment, if section 790.23 does not apply to…
Authorities Cited
- Harmon W. Shields v. Nevin G. Smith, 404 So. 2d 1106 (Fla. 1st DCA 1981)
- Rotstein v. Dep't OF Prof'l & Occupational Reg., 397 So. 2d 305 (Fla. 1st DCA 1980)
- Duggar v. State, 43 So.2d 860 (Fla. 1949)
- Guiseppe Pizzeria v. Dep't of Bus. Reg., 472 So. 2d 1331 (Fla. 3d DCA 1985)