09/19/1989MINUTES
OCCUPATIONAL LICENSE APPEAL
LANDSHIP ELECTRONICS
September 19, 1989
10:43 a.m.
Present:
Ron H. Rabun City Manager
Robert Surette Assistant City Attorney
Capt. Richard White Police Department
Stuart Williams Occupation License Inspector
Susan Stephenson Deputy City Clerk
Also Present:
Jessie Montague Appellant
Mr. Rabun opened the meeting and explained this is an appeal of the denial
of renewal of an occupational license.
Capt. White stated that Mr. Montague applied for an occupational license
40 to sell used goods on April 10, 1989. A required police background check
revealed that he had a felony conviction on his record from 1987 for a fraudulent
check in the amount of $346. On January 2, 1989 he violated his probation in
that he did not make court ordered restitution. Further investigation has
revealed that this matter has been taken care of. Capt. White pointed out that
Mr. Montague was instrumental in the arrest of an individual who was selling
stolen property.
Mr. Montague stated that while he was in business in Tarpon Springs, he
received a bad check in the amount of $1,500 which in turn created a situation
where he was writing checks that were not covered by funds in his account. He
has since paid off all the checks and adjudication was withheld. He has operated
six businesses in this area and has worked with the Police Department in bringing
to justice certain individuals selling stolen property or dealing in drugs. In
response to a question regarding what he sells, he stated he sells anything that
supports the motel industry such as dishes, bicylces, fishing rods, etc. His
is a family business and he is planning to open another store. He admitted that
he plead guilty to the charge but stated he did not knowingly write a bad check.
Mr. Rabun stated there are no standards in the Code for granting an
occupational license after conviction of a felony.
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In response, Assistant City Attorney Surette stated that the Code allows
some discretion in defining fraud. He questioned whether the offense committed
by Mr. Montague constituted fraud. Even though the Code lacks standards for
determining whether an occupational license should be issued, he feels the matter
can be treated as a variance. It is his opinion that the intent of the Code is
that all the facts should be weighed in determining whether or not to issue the
occupational license.
Mr. Williams stated he has had no problems with the appellant and that as
soon as he contacted him regarding the problem, Mr. Montague was in touch with
the Police Department in an attempt to resolve it.
In response to a question posed by Mr. Rabun as to whether he can issue
a conditional occupational license with review in one year, Mr. Surette stated
that if the appellant- violates the Code, the license can be pulled or renewal
refused.
Mr. Rabun stated he would review the facts and make a decision within two
or three days.
Meeting adjourned at 11:00 a.m.
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