STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, )

DIVISION OF BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1936

)

CHARLES LESLIE WALKER, )

t/a THE 19th HOLE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, Hearing Officer with the Division of Administrative Hearings on October 28, 1976, at 614 East Clinton Street, Marianna, Florida.

APPEARANCES

For Petitioner: Lawrence Winson, Esquire

Division of Beverage The Johns Building

Tallahassee, Florida 32304

For Respondent: Charles Leslie Walker

Route 3 Bonifay, Florida

ISSUE

Whether or not on or about August 27, 1975, Charles Leslie Walker, licensed under the beverage laws, did keep and maintain a place in Holmes County, Florida, commonly known as Dogwood Lakes Country Club, where alcoholic beverages were sold unlawfully, contrary to Section 562.12, Florida Statutes.

FINDINGS OF FACT

1. Charles Leslie Walker, t/a the 19th Hole, is now licensed and was licensed on August 23 and August 27, 1975, with the State of Florida, Division of Beverage, license no. 40-33, series 1-COP. This series 1-COP alcoholic beverage license allows for the consumption of beer on the premises. The licensed premises known as the 19th Hole is now located and was located on August 23 and August 27, 1975, approximately 7 miles northwest of Bonifay, Holmes County, Florida.

   
   

2. On August 23, and August 27, 1975, the Respondent, Charles Leslie Walker, was under contract with Dogwood Lakes Country Club, Inc. to act as a manager of the overall country club complex. This function as manager included overseeing the restaurant on the country club grounds, which restaurant had

   within the confines of that premises, a bar area. The bar area on the aforementioned dates in August inclusive, contained a number of cabinets/or shelves which had alcoholic beverages belonging to members of the country club, alcoholic beverages which belonged to Charles Leslie Walker and beer. The beer had been brought from the 19th Hole, a licensed premises which was located 75 yards away from the subject restaurant. Employees of the country club under the direction and control of Charles Leslie Walker as manager had been instructed to serve and sell country club members and their guests alcoholic beverages and mixers, to include liquor and beer. This instruction was in effect in August, 1975. In the area of the bar there was a sign which indicated that the cost of mixers was 50 cents per mixed drink, and the employees had been instructed on the price to be charged for drinks, which instruction was given by the Respondent. The term drinks indicates, the actual alcoholic beverage and mixer.

   
   

3. On August 23, 1975, officer Frederic Miller, Division of Beverage went to the Dogwood Lakes Country Club bar area. While in the bar area, he purchased a mixed alcoholic drink known as a screwdriver, from Sahrah Smith for the price of $1.00. That drink is Petitioner's Exhibit "3" admitted into evidence. Later on the same day he purchased a Michelob beer from then Evelyn Brown who is now Evelyn Neil. This Michelob beer is Petitioner's Exhibit "4" admitted into evidence. The aforementioned purchases were made inside the restaurant at the bar area from stocks which were behind the bar. Officer Miller returned on August 27, 1975 and approached Sheila Walker, the wife of the Respondent, about purchasing a mixed drink. Sheila Walker refused to make such a sale and suggested that he go to the 19th Hole to purchase something to drink. She finally consented to take the officer to another area within the restaurant to meet the Respondent. After engaging in conversation with the Respondent about the need for some form of alcoholic drink, the Respondent consented to give the officer a drink from his private stock and to charge him 50 cents in accordance with the charges for mixers. This drink was mixed by Evelyn Brown, now Evelyn Neil and the 50 cents was paid. This mixed drink was a screwdriver and is Petitioner's Exhibit "5" admitted into evidence.

   
   

   CONCLUSIONS OF LAW

   
   

4. The State of Florida, Division of Administrative Hearings has jurisdiction in these proceedings.

   
   

5. It is concluded as a matter of law that on or about August 27, 1975, specifically, August 23, 1975, the Respondent, Charles Leslie Walker, licensed under the beverage laws of the State of Florida, did keep and maintain a place in Holmes County, Florida, commonly known as Dogwood Lakes Country Club, where alcoholic beverages were sold unlawfully, contrary to Section 562.12, Florida Statutes, in that on those days a mixed drink (screwdriver) was sold and a Michelob beer was sold by employees under the Respondent control and in accordance with his instructions. For such violation the Respondent, Charles Leslie Walker, is subject to the penalties set forth in Section 561.29, Florida Statutes.

RECOMMENDATION

It is recommended that the Respondent, Charles Leslie Walker, be fined in the amount of $150 for the violations as established in this administrative complaint.

DONE and ENTERED this 29th day of November, 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:

Lawrence Winson, Esquire Division of Beverage

The Johns Building Tallahassee, Florida 32304

Charles Leslie Walker Route 3

Bonifay, Florida

Docket for Case No: 76-001936

Orders for Case No: 76-001936