Florida Regulations 61A-1.017: Moral Character
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(1) For purposes of the Beverage Law, a person of “”good moral character”” shall mean a person who:
(a) Has the ability to distinguish between right and wrong and the character to observe the difference;
(b) Observes the rules of right conduct; and
(c) Acts in a manner that indicates and establishes the qualities of trust and confidence that is generally acceptable to the state.
(2) Conduct that does not establish the qualities of trust and confidence include the following:
(a) Being penalized for a criminal act in this country or a foreign country that is punishable by imprisonment for a term exceeding 1 year when the act is related to alcoholic beverages, failure to pay taxes, unlawful drugs or controlled substances, prostitution, or injuring another person in the preceding 15 years;
(b) Committing two or more crimes in this country or a foreign country that are punishable by imprisonment for a term exceeding 1 year, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;
(c) Committing an unlawful lewd, lascivious, or indecent assault or act upon or in the presence of a person under the age of 16, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;
(d) Having a delinquent child support obligation which has resulted in issuance of a court order for collection within the preceding 5 years;
(e) Committing two or more acts of prostitution or lewdness, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;
(f) Committing an act of unlawful battery, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;
(g) Committing an act of selling, delivering, giving, or possession with the intent to sell, give, or deliver unlawful controlled substances or drugs, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;
(h) Committing two or more acts in violation of alcoholic beverage laws, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;
(i) Committing perjury or giving false information under oath to a government agency or court, unless found not guilty by a court of competent jurisdiction during the preceding 5 years;
(j) Engaging in a pattern of fraud as defined in Florida Statutes § 414.39, unless found not guilty by a court of competent jurisdiction during the preceding 5 years; and
(k) Having had an ownership interest or managed a business whose alcoholic beverage license or permit was revoked by a government agency for a violation of a criminal law that is punishable by imprisonment for a term exceeding 1 year or four violations of the same law during the preceding 3 years.
(3) Mitigation the division will consider in determining a person’s good moral character when there is evidence of the conduct described in subsection (2) of this rule includes:
(a) An affidavit explaining the circumstances of past conduct and evidence of the qualities of trust and confidence, the ability to distinguish between right and wrong, and the character to observe the difference; and,
(b) Character references from people who have personal knowledge of the applicant’s or licensee’s qualities of trust and confidence, the ability to distinguish between right and wrong, and the character to observe the difference. References may not include spouses, sons, daughters, or anyone employed by the applicant or licenses.
(c) Evidence of good citizenship and improving the quality of life in their community.
(4)(a) Licensee’s who fail to continue meeting the good moral character standard will be issued an administrative action to determine if the license should be revoked.
(b) Corporate and partnership licenses shall not be revoked when there are adversely affected people having an ownership interest if the licensee:
1. Terminates the employment of the person who is not of good moral character;
2. Does not give or sell additional ownership interest in the enterprise to the person who is not of good moral character where it has the legal right to restrict such purchase of additional ownership interest;
3. Prohibits the person who is not of good moral character from being on the licensed premises or talking with any employee of the licensee, except at scheduled shareholder’s meeting, unless the division has approved a petition or stipulation agreeing to vary from this restriction; and,
4. Demonstrates to the satisfaction of the division that the conduct by an owner was not on a licensed premises owned by the corporation or partnership.
Rulemaking Authority 561.11 FS. Law Implemented 561.15, 561.29, 559.791 FS. History-New 8-1-93.
Terms Used In Florida Regulations 61A-1.017
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oath: A promise to tell the truth.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(b) Observes the rules of right conduct; and
(c) Acts in a manner that indicates and establishes the qualities of trust and confidence that is generally acceptable to the state.
(2) Conduct that does not establish the qualities of trust and confidence include the following:
(a) Being penalized for a criminal act in this country or a foreign country that is punishable by imprisonment for a term exceeding 1 year when the act is related to alcoholic beverages, failure to pay taxes, unlawful drugs or controlled substances, prostitution, or injuring another person in the preceding 15 years;
(b) Committing two or more crimes in this country or a foreign country that are punishable by imprisonment for a term exceeding 1 year, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;
(c) Committing an unlawful lewd, lascivious, or indecent assault or act upon or in the presence of a person under the age of 16, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;
(d) Having a delinquent child support obligation which has resulted in issuance of a court order for collection within the preceding 5 years;
(e) Committing two or more acts of prostitution or lewdness, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;
(f) Committing an act of unlawful battery, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;
(g) Committing an act of selling, delivering, giving, or possession with the intent to sell, give, or deliver unlawful controlled substances or drugs, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;
(h) Committing two or more acts in violation of alcoholic beverage laws, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;
(i) Committing perjury or giving false information under oath to a government agency or court, unless found not guilty by a court of competent jurisdiction during the preceding 5 years;
(j) Engaging in a pattern of fraud as defined in Florida Statutes § 414.39, unless found not guilty by a court of competent jurisdiction during the preceding 5 years; and
(k) Having had an ownership interest or managed a business whose alcoholic beverage license or permit was revoked by a government agency for a violation of a criminal law that is punishable by imprisonment for a term exceeding 1 year or four violations of the same law during the preceding 3 years.
(3) Mitigation the division will consider in determining a person’s good moral character when there is evidence of the conduct described in subsection (2) of this rule includes:
(a) An affidavit explaining the circumstances of past conduct and evidence of the qualities of trust and confidence, the ability to distinguish between right and wrong, and the character to observe the difference; and,
(b) Character references from people who have personal knowledge of the applicant’s or licensee’s qualities of trust and confidence, the ability to distinguish between right and wrong, and the character to observe the difference. References may not include spouses, sons, daughters, or anyone employed by the applicant or licenses.
(c) Evidence of good citizenship and improving the quality of life in their community.
(4)(a) Licensee’s who fail to continue meeting the good moral character standard will be issued an administrative action to determine if the license should be revoked.
(b) Corporate and partnership licenses shall not be revoked when there are adversely affected people having an ownership interest if the licensee:
1. Terminates the employment of the person who is not of good moral character;
2. Does not give or sell additional ownership interest in the enterprise to the person who is not of good moral character where it has the legal right to restrict such purchase of additional ownership interest;
3. Prohibits the person who is not of good moral character from being on the licensed premises or talking with any employee of the licensee, except at scheduled shareholder’s meeting, unless the division has approved a petition or stipulation agreeing to vary from this restriction; and,
4. Demonstrates to the satisfaction of the division that the conduct by an owner was not on a licensed premises owned by the corporation or partnership.
Rulemaking Authority 561.11 FS. Law Implemented 561.15, 561.29, 559.791 FS. History-New 8-1-93.