STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DIVISION OF ) BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1609

) EVELYN R. DOEGE, d/b/a EVELYN'S ) GRUNGE & TOP DRAWER, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held before Charles C. Adams, Hearing Officer with the Division of Administrative Hearings, at 2000 West Government Street, Pensacola, Florida at 11:00 A.M., October 15, 1976.

APPEARANCES

For Petitioner: Charles F. Tunnicliff, Esquire

Division of Beverage 725 Bronough Street

Tallahassee, Florida 32304

For Respondent: Anthony E. Fiorentino, Esquire

105 South Navy Boulevard Pensacola, Florida 32507

ISSUES

1. Whether or not on or about December 5, 1975, the Respondent, Evelyn R. Doege, licensed under the beverage law, did allow or permit Angela Davies an employee to conduct herself in a lewd and lascivious manner to wit; performing in the nude and the placing of foreign objects on or into Angela Davies vagina, the touching or rubbing the vaginal area with Angela Davies fingers to simulate masturbation, in violation of Section 847.011(4), Florida Statutes, thereby violating Section 561.29, Florida Statutes.

   
   

2. Whether or not on or about January 23, 1976, the Respondent, Evelyn Christine Doege, licensed under the beverage law, did knowingly allow or permit a person or persons, to wit; William Thomas Hogan, Robert Joseph Ruchanelli, Leroy Francis Bonifay, Hervert Ronnie Milstead and Joseph Stephen Tronie, to roll dice on the countertop of the bar in her licensed premises for money and/or beer, in violation of Section 849.01, Florida Statutes, and thereby violating Section 561.29, Florida Statutes.

FINDINGS OF FACT

1. The Respondent, Evelyn Christine Doege, is the holder of license no.

   27-374, series 2-COP, held with the State of Florida, Division of Beverage. The Respondent held such license on December 5, 1975 and January 23, 1976, the operative dates of the complaints under consideration.

   
   

2. On December 5, 1975 the Respondent was operating under the aforementioned license at 508 South Navy Boulevard, Escambia County, Florida. Among the employees of the Respondent were certain topless dancers. These dancers had been instructed by the Respondent to act decent and to keep their clothes on, with the exception of the tops of their clothing. These dancers mentioned were female. On that same date, to wit; December 5, 1975, between the hours of 3:00 P.M. and 3:30 P.M., one of the employees, employed on that day and time was Angela Davies. While dancing in the bar proper, Angela Davies removed the top and bottom of her clothing to include the T-string which she was wearing as a bottom part of her undergarment and left the stage area where she was performing. She then proceeded to a patron's table and thrust her vagina at the patron seated at that table. This course of conduct went on for a couple of songs over a period of five to ten minutes. Angela Davies then went back to the stage and continued to expose her vagina, she took eye glasses from one of the patrons and placed the ear piece into her vagina. She then squatted down and removed a dollar bill from the mouth of a patron with her vagina and then took the dollar bill out with her hand. Still in the presence of patrons she fondled her breasts with her fingers and inserted her fingers in her vagina simulating masturbation.

   
   

3. At this point in time a female patron identified as Rhonda or Debbie, who had formally been a dancer in the bar, was challenged by the patrons in the bar to, "show Angela how to do it." At which time Rhonda or Debbie got up on the stage with Angela Davies, took off all her clothes and began dancing. In the course of the performance Angela and Debbie or Rhonda fondled each others breasts and vaginal area. Rhonda or Debbie then exited from the stage. Angela then took an advertising figure made out of cardboard which was in the form of a man, placed that figure between her legs and thrust her vagina at the figure. When Angela had concluded this she took a wine bottle and placed the wine bottle in the pubic area. The wine bottle was then broken on the stage.

   
   

4. During the course of Angela Davies' performance the Respondent, Evelyn Doege had come to the back of the stage and thrown water at Angela Davies and attempted to make her stop. In addition, when the bottle was broken she made another attempt to have the employee, Angela Davies, cease her dance. She was unsuccessful in her attempts. Agent David Cobb had witnessed Angela Davies activities. He took the Respondent from the bar into the parking lot, and placed her under arrest. He then reentered the bar and placed Angela Davies under arrest. Angela Davies had been drinking and appeared not to be in control of her faculties. It was established that the employee, Angela Davies, was a roommate of Rhonda or Debbie, and the Respondent knew of this fact prior to the actions of those two persons. Moreover, the Respondent was able to see these actions from her location within the bar during the course of the dances.

   
   

5. On January 23, 1976, while serving a notice to show cause for the events of December 5, 1975, certain patrons within the Respondent's bar at 508 South Navy Boulevard, Escambia County, Florida, were observed rolling dice on the countertop of the bar. The Respondent was standing at the bar while this activity was occurring. Those patrons stated that they were rolling the dice to see who would buy a round of beer. The Respondent admitted seeing this activity

   but stated that she felt it was not illegal. The dice and cup in which the dice had been placed were not the property of the Respondent.

   
   

   CONCLUSIONS OF LAW

   
   

6. It is concluded as a matter of law that the Respondent, Evelyn R. Doege, licensed under the beverage laws did allow or permit Angela Davies, who was an employee of the Respondent to conduct herself in a lewd and lascivious manner as established in the findings of fact, such acts of Angela Davies being a violation of Section 847.011(4), Florida Statutes, thereby showing the Respondent to have violated Section 561.29, Florida Statutes.

   
   

7. It is concluded as a matter of law that on or about January 23, 1976, the Respondent, Evelyn Christine Doege, licensed under the beverage laws did knowingly permit or allow persons to roll dice for beer in the licensed premises in violation of Section 849.01, Florida Statutes, and thereby the Respondent violated Section 561.29, Florida Statutes.

RECOMMENDATION

For the violations as established in the notice to show cause, it is recommended that the Respondent be suspended for a period of 90 days and fined in the amount of $500.00.

DONE and ENTERED this 21st day of October, 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 F. Tunnicliff, Esquire Division of Beverage

725 Bronough Street

Tallahassee, Florida 32304

Anthony E. Fiorentino, Esquire

105 South Navy Boulevard Pensacola, Florida 32507

Docket for Case No: 76-001609

Orders for Case No: 76-001609