STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIVISION OF BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1201

) DOB CASE NO. 3-76-38-A

1. J. & CHRISTINE LOCKETT d/b/a ) CHRIS & J'S BEER GARDEN, )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   Pursuant to notice a hearing was held before Charles C. Adams, Hearing Officer with the Division of Administrative Hearings, on July 28, 1976, at 1934 Beachway Road, Jacksonville, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: Charles F. Tunnicliff, Esquire

   Division of Beverage 725 Bronough Street The Johns Building

   Tallahassee, Florida 32304

   
   

   For Respondent: I. J. & Christine Lockett, pro se

   846-848 East First Street Jacksonville, Florida

   
   

   ISSUE

   
   

   Whether or not on or about the 16th day of January, 1976, the licensees, I.

2. and Christine Lockett, did unlawfully fail to maintain the operation and responsibility of their licensed business by relinquishing the control of said licensed premises to Louise Bryant, in violation of Rule 7A-3.17, Florida Administrative Code.

   
   

   FINDINGS OF FACT

   
   

   1. The Respondents, I. J. and Christine Lockett, were holders of Series 2- COP beverage license issued by the State of Florida, Division of Beverage during the period of October 1, 1975 up to and including the date of the hearing, as evidenced by the Petitioner's Exhibit No. 3 admitted into evidence. This Exhibit No. 3 is a copy of the beverage license.

      
      

   2. On or before January 16, 1976, I. J. Lockett left the city of Jacksonville, Florida, and his licensed premises at 846-848 East First Street, Jacksonville, Florida, and went to Miami, Florida to bring back his wife, Christine Lockett. Christine Lockett had gone to Miami, Florida, after the death of their son. Christine Lockett had been running the bar in conjunction

      with I. J. Lockett prior to her departure for Miami, Florida. When I. J. Lockett left the city of Jacksonville he turned the control and management, responsibility over to one Louise Bryant. This control and management transfer was evidenced by the fact that he gave Louise Bryant $400.00 to purchase items of stock and a salary of $65.00 per week, plus additional monies if Ms. Bryant was successful in the operation of the bar. Upon his return from Miami, Florida, I. J. Lockett gave Ms. Bryant an additional $120.00 for purchase of stock items for the bar. While I. J. Lockett was in Miami and dating from January 16, 1976, Louise Bryant was authorized to purchase wine and beer and did make purchases of that wine and beer as evidenced by the checks written on her bank account to various distributors. Copies of those checks are found in Petitioner's Composite Exhibit No. 4 admitted into evidence.

      
      

   3. In addition, Louise Bryant had the electric service placed in her name for Chris and J's Beer Garden located at 846-848 East First Street, Jacksonville, Florida. Louise Bryant got the profits from the business as her compensation for maintaining the business in the absence of I. J. and Christine Lockett, she also paid the rent on the premises to the landlord. Sine I. J. Lockett's return from Miami, Louise Bryant has continued to work in the business.

      
      

      CONCLUSIONS OF LAW

      
      

   4. The Division of Administrative Hearings has jurisdiction in this case.

      
      

   5. It is concluded as a matter of law that on or about January 16, 1976,

I. J. and Christine Lockett did unlawfully fail to maintain the operation and responsibility of their licensed business by relinquishing the control of their said licensed premises to Louise Bryant, in violation of Rule 7A-13.17, Florida Administrative Code, as evidenced by the findings of fact, and by doing so have subjected themselves to the possible penalties found in the applicable Florida Statutes.

RECOMMENDATION

It is recommended that the license of the Respondents, I. J. and Christine Lockett, d/b/a Chris and J's Beer Garden be revoked, but the imposition of that revocation be withheld upon a satisfactory showing that Louise Bryant is not currently the defacto manager aid operator and responsible party in the licensed premise.

DONE and ENTERED this 18th day of August, 1976, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Charles C. Tunnicliff, Esquire Division of Beverage

The Johns Building Tallahassee, Florida 32304

I. J. and Christine Lockett 846-848 East First Street Jacksonville, Florida

Docket for Case No: 76-001201

Orders for Case No: 76-001201