STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) BUSINESS REGULATION, DIVISION OF ) BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1728

) DOB CASE NO. 3-75-16A G & B OF JACKSONVILLE, INC., )

d/b/a Silver Dollar Bar and ) Packaging Store, Beverage License ) No. 26-1334,4-COP, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Chris H. Bentley, held an administrative hearing in this cause on February 11, 1976, in Jacksonville, Florida.

APPEARANCES

For Petitioner: J. Riley Davis, Esquire

Staff Attorney

Department of Business Regulation

For Respondent: Harry Katz, Jr., Esquire

337 East Forsyth Street Jacksonville, Florida 32202

The Division of Beverage seeks to assess a civil penalty against, or to suspend or revoke, Beverage License No. 26-1334,4-COP, issued to the Respondent, setting forth the following three reasons:

1. That, on or about February 21, 1975, on the licensed premises, Sarah Lynn Swain, an agent, servant or employee of the licensee, did unlawfully commit lewdness in violation of Section 796.07(3)(a), Florida Statutes, by dancing topless for a white male customer, wearing nothing but a small G-string and allowing said customer to touch, fondle and caress her bare buttocks and breast while dancing for said customer.

   
   

2. That, on or about February 21, 1975, LuAnn Marie Dockery, an agent, servant or employee of one Respondent, did unlawfully commit lewdness in violation of Section 796.07(3)(a), Florida Statutes, by dancing topless for a male customer and allowing said customer to touch, caress, fondle, kiss and suck on both of her breasts, and touch, caress and fondle her bare buttocks during said dance.

3. That on or about February 21, 1975, on the licensed premises, Lee Ann Remm, did unlawfully commit lewdness in violation of Section 796.07(3)(a), Florida Statutes, by dancing topless for Detective H. R. Hall and while dancing repeatedly attempting to put her bare breast into Hall's mouth.

FINDINGS OF FACT

1. On February 21, 1975, H. R. Hall was working as an undercover detective for the Jacksonville Vice Squad. During the evening of that date Detective Hall entered the Silver Dollar Bar and Package Store, sat in a booth and ordered a beer.

   
   

2. Sarah Lynn Swain, LuAnn Marie Docker and Lee Ann Remm, on the evening of February 21, 1975, were dressed as topless dancers and performed as topless dancers in the Silver Dollar Bar and Package Store. The three foregoing persons were agents, servants or employees of the Respondent.

   
   

3. While seated in a booth Detective Hall observed Sarah Lynn Swain dancing topless between the legs of a male customer, who was fondling her buttocks while she placed her breast in the customer's mouth.

   
   

4. Also while seated in the booth, Detective Hall observed LuAnn Marie Dockery dancing topless for a male customer and allowing the customer to fondle her buttocks.

   
   

5. While in the Silver Dollar Bar and Package Store on February 21, 1975, Lee Ann Remm performed a topless dance for Detective Hall and while so dancing straddled his leg and undulated back and forth. Further, she attempted to place her breast in Detective Hall's mouth. Detective Hall paid her $2.00 to dance for him, but did not discuss with her, nor request the privilege of touching her.

   
   

6. The Respondent is the holder of Beverage License No. 26-1334,4-COP and the licensed premises are the Silver Dollar Bar and Package Store.

   
   

   CONCLUSIONS OF LAW

   
   

7. Notice as required by law has been give of this proceeding.

   
   

8. Section 796.07, Florida Statutes, defines the term "lewdness" as including ". . . any indecent or obscene act." In Chesebrough v. State of Florida, 255 So.2d 675 (1971), the Supreme Court stated that "(l)ewdness may be defined as the unlawful indulgence of lust, signifying that form of immorality which has a relation to sexual impurity. It is generally used to indicate gross indecency with respect to the sexual relations." Subsection 796.07(3)(a), Florida Statutes, states that it shall be unlawful in the State of Florida to offer to commit, or to commit, or to engage in prostitution, lewdness, or assignation.

   
   

9. The acts, as set forth in the above findings, of Sarah Lynn Swain, LuAnn Marie Dockery and Lee Ann Remm, all agents, servants or employees of the Respondent, constitute the commission of lewdness, as defined by statute and the Supreme Court, in violation of Subsection 796.07(3)(a), Florida Statutes.

   
   

10. The acts committed by the three women constitute three single transactions as that phrase is used in Subsection 561.29(4), Florida Statutes, with regard to the imposition of a civil penalty. Section 561.29, Florida

Statutes, gives the Division of Beverage the full power and authority to revoke or suspend the license of a licensee, or to impose a civil penalty not to exceed

$1,000.00, for violations arising out of a single transaction, against the licensee, when it is determined that the licensee or its agents, servants, officers or employees, have violated any of the laws of the State of Florida. As noted, the acts referred to above constitute such a violation.

RECOMMENDED ORDER

Having considered all testimony, pleadings and evidence presented in this matter, it is hereby recommended that the Respondent be assessed a civil penalty of $1,000.00 for each of the three violations and that, further, Respondent's license be suspended for a period of 30 days for each of the three violations, said suspensions to run concurrently.

ENTERED this 3rd day of May, 1976, in Tallahassee, Florida.

CHRIS H. BENTLEY, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

J. Riley Davis, Esquire Staff Attorney

Department of Business Regulation The Johns Building

Tallahassee, Florida 32304

Harry Katz, Jr., Esquire

337 East Forsyth Street Jacksonville, Florida 32202

Charles Nuzum, Director Division of Beverage

Department of Business Regulation The Johns Building

Tallahassee, Florida 32304

Docket for Case No: 75-001728

Orders for Case No: 75-001728