06/17/1992
Occupational License Appeal to the City Manager by Jeremy Thayer
June 17, 1992
Present: Kathy S. Rice, Deputy City Manager
Al Galbraith, City Attorney
Lt. Paul Maser, C.W.P.D.
Janet McMahan, License Inspector
Jeremy Evan Thayer, Appellant
Louis Kwall, Attorney for Appellant
Dottie Reehling, Staff Assistant II, Recorder
Jeremy Thayer, Executive Jewelry Loan Ltd., Inc., submitted a letter appealing the
decision of the occupational license inspector to revoke his occupational license dated
4/06/92, stating it was issued in error. The denial was based on a police report indicating that
there was reason to deny this occupational license.
The Deputy City Manager set this public hearing. The public hearing was called to
order at 4:30 p.m. The Deputy City Manager asked Mr. Kwall, attorney for Mr. Thayer, to
present any information and reason for appeal. He replied that they simply wanted more
detailed reasons for the denial and to address these reasons.
Lieutenant Maser, the officer who did the background investigation on Mr. Thayer,
indicated that the basis for the denial was Statute #7112 which states that any conviction
within the last 5 years involving fraud, deceit or an offense involving moral turpitude is a
reason for denial. The problem in the past has always been the definition of the term "moral
turpitude" and what offenses are included in that. This is an import/export business and Mr.
Thayer's conviction of conspiracy to smuggle marijuana was a major case, a felony, and the
basis for an offense involving moral turpitude. The offense occurred during 1982-1983, the
arrest was in 1988, and the date of disposition was May, 1990, which is actually the trigger
date for the five year period. Consequently Mr. Thayer will not be eligible for a license of this
kind in the City until May, 1995.
Mr. Kwall responded that their contention is that this is not a crime involving moral
turpitude, and this is the basis for their appeal. He requested that the Board listen to Mr.
Thayer present his background for consideration.
Mr. Galbraith, City Attorney, requested more time to research the case before he
judged the question of moral turpitude. Otherwise, he had no objection to the Board hearing
Mr. Thayer's presentation of his case.
In answer to being questioned by Mr. Kwall, Mr. Thayer, age 38, stated that he started
a gem and jewelry business in Belleair and has acted as a wholesaler to the trade for the last
10 years. He stated that he has an occupational license to sell to jewelry stores, jewelry
chains and wholesalers. Due to the present economy, he wishes to expand his business to
purchasing used jewelry, as he is in great demand in the industry to grade, identify and
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evaluate jewelry. He stated that he has a good reputation; he has invested money in a 3-year
lease; and no jail time was assessed in the drug case due to his cooperation with the U. S.
Attorney's Office.
Mr. Thayer was granted a temporary license March 7, 1992, and a permanent license,
#92-07380, on April 6, 1992. On May 11, 1992, he received a letter stating that the license
was issued in error.
The City Attorney requested that Mr. Thayer tell about the incident which led to his
arrest.
Mr. Thayer stated that Manny Lee Rich and Steve Kalish from Tampa had a marijuana
operation going. He had known Mr. Rich from a gun school at the University of South Florida.
Mr. Thayer acted as an intermediary for New York buyers. His conviction was a negotiated
plea which led to his being put on probation for five years. There was no prison time.
Lt. Maser understood from Mr. Rodriguez, the Parole Officer that Mr. Thayer was on
parole. He stated that there were two different charges. One was taken out of the Federal
Court System in Shreveport, Louisiana, and the second one was in Tampa. The one in
Louisiana resulted in a conviction for 24 months prison and then was brought to Tampa.
Mr. Thayer explained that this case was uncovered and tried in the Middle District
Federal Court in Florida. The U.S. Attorney's Office in the Western District of Louisiana
wanted a share in this case. They in turn, charged everyone who had already been charged in
Tampa for another variation on the same charge. He was released on an R.O.R. Bond and he
then went through sentencing in both places for the same crime. In Louisiana he was given a
24 month prison sentence to which he filed a Rule 35 and with the assistance of the Attorney's
Office in Tampa had it reduced to 5 year's probation.
Rule 35 being in substance, leniency was suggested by the U.S. Attorneys Office due
to the defendant's cooperation in the case. The jail sentence was set aside in Louisiana on a
Rule 35.
Lt. Maser agreed to check with Mr. Rodriguez in regard to parole status as opposed to
probation. The Deputy City Manager and City Attorney will also research certain information
received and let Mr. Thayer know the decision by mail within the specified time.
The hearing adjourned at 4:58 p.m.
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