STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DIVISION OF ) BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1922

) ROBERT JORDAN, JR., t/a COUNTRY ) INN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case at Tallahassee, Florida on June 30, 1977.

APPEARANCES

For Petitioner: Richard Gentry, Esquire and

Charles T. Collett, Esquire Staff Attorneys

Division of Beverage Johns Building Tallahassee, Florida

For Respondent: Not present

By Notice to Show Cause dated August 23, 1976, the Division of Beverage seeks to assess civil penalty against or to suspend or revoke the Beverage License No. 47-108 issued to Robert Jordan, Jr. t/a Country Inn, Leon County, Florida. As grounds therefor it is alleged that on or about July 9, 1976 licensee had in his possession on the licensed premises at Country Inn alcoholic beverages not authorized by law to be sold under his license contrary to s.

1. F.S.

   
   

   Three witnesses were called by Petitioner and two exhibits were admitted into evidence.

   
   

   FINDINGS OF FACT

   
   

   1. Petitioner holds a 1-COP beverage license which authorizes the sale of beer only for consumption on the licensed premises.

      
      

   2. Personal service of the Notice to Show Cause was made on an employee operating the premises on August 23, 1976. Service of the Notice of Hearing was placed in the door of Country Inn while the Inn was not open for business. The employee of the licensee who received service of the Notice to Show Cause appeared at the hearing.

   3. On July 9, 1976 two beverage agents visited the Country Inn around 10:00 P.M. Upon checking around the premises they found: One partial quart of Smirnoff vodka 80 proof; 1 partial one fifth gallon of Smirnoff vodka 80 proof;

      1 one fifth gallon of Barcardi light rum; 1 almost full one fifth gallon Pinch scotch whiskey; and 1 partial one fifth gallon of Mogan David blackberry wine. These alcoholic beverages were seized, labeled and produced at the hearing. A description of these beverages as noted above was substituted for the beverages which was admitted as Exhibit 2.

      
      

   4. The beverages described above had been brought onto the premises by Robert Jordan Jr. for his personal consumption.

      
      

      CONCLUSIONS OF LAW

      
      

   5. The Division of Administrative Hearings has jurisdiction over the licensee and of the offenses.

      
      

   6. Section 562.02 Florida Statutes provides:

      
      

      "It is unlawful for a licensee under the beverage law or his agent to have in his possession, or permit anyone else to have in his possession,

      at or in the place of such licensee, alcoholic beverages not authorized by law to be sold by such licensee."

   7. Section 561.29 Florida Statutes provides in pertinent part: "(1) The division of beverage is given full power

      and authority to revoke or suspend the license of any person holding a license under the beverage law when it is determined or found

      by the division upon sufficient cause appearing of:

      "(a) violation by the licensee, his or its agents, officers, servants or employees, on the licensed premises ... of any of the laws of this state"

      
      

      "(4) The division may impose a civil penalty against a licensee for any violation mentioned in the beverage law, or any rule issued pur- suant thereto, not to exceed $1000 for viola- tions arising out of a single transaction. If the licensee fails to pay the civil penalty his license shall be suspended for such period of time as the division may specify."

      
      

   8. Here Respondent, by having on the licensed premises alcoholic beverages not permitted by his license, was in violation of the provisions of the Florida Statute above quoted. It is therefore,

Recommended that Robert Jordan, Jr. t/a Country Inn be assessed a civil penalty in the amount of $300. In the event such penalty is not paid forthwith it is further

Recommended that the license of Robert Jordan, Jr. t/a Country Inn be suspended for a period of six (6) months or until the penalty is paid whichever first occurs.

DONE and ENTERED this 15th day of July, 1977, in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Mr. Robert T. Jordan, Jr. Country Inn

P. O. Box 612 Monday Street

Tallahassee, Florida

Charles T. Collett, Esquire Richard Gentry, Esquire Division of Beverage

Johns Building Tallahassee, Florida

Docket for Case No: 76-001922

Orders for Case No: 76-001922