STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIVISION OF BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-286

) SAHARA CORPORATION OF PENSACOLA, )

d/b/a Sahara Club, )

)

Respondent. )

)

RECOMMENDED ORDER

After due notice, a public hearing was held before Delphene C. Strickland, Hearing Officer, Division of Administrative hearings, Department of Administration, on March 25, 1976 at 1:00 p.m. at 2000 West Government Street, Pensacola, Florida.

APPEARANCES

For Petitioner: Charles F. Tunnicliff, Esquire

Division of Beverage The Johns Building

Tallahassee, Florida 32304

For Respondent: Leo A. Thomas, Esquire

Levin, Warfield, Middlebrooks,

Graff, Mabie, Rosenbloum Magie, P.A. Seville Tower, 226 South Palafox Pensacola, Florida

INTRODUCTION

A Notice to Show Cause was issued by the Petitioner, Division of Beverage, charging that the Respondent corporation on the 31st day of October, 1975, did unlawfully sell an alcoholic beverage, to-wit: two mixed drinks to a person under the age of 18, named Connie Delores Craig, contrary to Florida Statute 562.11(1); and further, that on said date did allow said minor to consume alcoholic beverages on the licensed premises contrary to Section 562.11(1), F.S.

FINDINGS OF FACT

1. The Respondent, Sahara Corporation of Pensacola, admitted that on October 31, 1975, at the Sahara Club in Pensacola, Florida, one employee of the Sahara Corporation, Cynthia Ann Langford, did sell two alcoholic beverages to Connie Craig, a minor, under the age of 18.

   
   

2. For a defense, the Sahara Corporation, stated that said minor had advised Cynthia Langford and other employees that she was over the age of 18; that the owner of the Sahara Corporation, Joseph Spadara, was not present during

   the sale, and that he took every reasonable precaution to prevent sales to minors.

   
   

3. The evidence shows that Connie Delores Craig was under the age of 18 on October 31, 1975; that she was served alcoholic beverages on the licensed premises of the Sahara Club and that she consumed alcoholic beverages on the licensed premises.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 562.11, F.S., prohibits the selling, giving or serving of alcoholic beverages to minors. The Respondent, Sahara Corporation of Pensacola, admitted that it did sell such beverages to a minor, but the evidence shows that some precautions were taken against such sales although such sale was, in fact, made. There were persons who worked on the licensed premises who did know that the minor who bought and consumed the alcoholic beverages on the licensed premises, Connie Delores Craig, was, in fact, a minor. Such knowledge by the employees should have been conveyed to the owner of the premises if reasonable precautions against such sales had been taken by the owners.

RECOMMENDATION

Under the circumstances as shown by the evidence and testimony at this hearing, Beverage License No. 27-27,4-COP issued to the Sahara Corporation of Pensacola, should not be suspended or revoked, but that a penalty should be assessed as a deterent to future violations of Section 562.11, F.S. Said penalty should be in an amount not in excess of $250.00.

DONE and ORDERED this 7th day of May, 1976.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Charles F. Tunnicliff, Esquire Division of Beverage

The Johns Building Tallahassee, Florida 32304

Leo A. Thomas, Esquire

Seville Tower, 226 South Palafox Pensacola, Florida

Charles Nuzum, Director Division of Beverage

Department of Business Regulation The Johns Building

Tallahassee, Florida 32304

Docket for Case No: 76-000286

Orders for Case No: 76-000286