STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, )

DIVISION OF BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1937

)

MALLY RAY RAMER, )

t/a FRAN'S BEACH SUPPLY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, Hearing Officer, with the Division of Administrative Hearings on October 23, 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: Mally Ray Ramer

1543 Mulberry Avenue

Panama City, Florida 32401

ISSUE

Whether or not no or about March 7, 1976, the Respondent, Mally Ray Ramer, a licensed vendor and/or his agent, servant or employee did sell, give serve or permit to be served, alcoholic beverages to wit: one six-pack of Busch Bavarian beer to a person, Jerry Lynn Scott and John Otey Hutchinson, under the age of 18, contrary to Section 562.11, Florida Statutes.

FINDINGS OF FACT

1. The Respondent, Mally Ray Ramer, as shown by Petitioner's Exhibit #2, admitted into evidence, is licensed by the State of Florida, Division of Beverage under license no. 13-295, series 2-APS for the period October 1, 1976 through September 30, 1977. These premises are located at 16610 West Highway 98, Panama City Beach, Florida.

   
   

2. On arch 7, 1976, Jerry Lynn Scott and John Otey Hutchinson entered the premises of 16610 West Highway 98, Panama City Beach, Florida and purchased a six-pack of Busch Bavarian beer, an alcoholic beverage, from the Respondent, Mally Ray Ramer. Both Scott and Hutchinson were under the age of 18 at the time of purchase and were in fact 16 years old. They did not produce any

   identification and were not required to produce any identification prior to the purchase. The identification which Scott had, showed him to be 16 years of age. The Respondent claimed that these individuals had been on his premises before and had shown some identification.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction in this cause.

   
   

4. It is concluded as a matter of law that on or about March 7, 1976, the Respondent, Mally Ray Ramer, a presently licensed vendor with the State of Florida, Division of Beverage, sold alcoholic beverages, to wit: one six-pack of Busch Bavarian beer to Jerry Lynn Scott and John Otey Hutchinson who were under the age of 18, contrary to Section 562.11, Florida Statutes, thereby subjecting himself to the penalties set forth in Section 561.29, Florida Statutes.

RECOMMENDATION

It is recommended that the Respondent, Mally Ray Ramer, have his beverage license suspended for a period of 30 days, for the violation as established in the 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

Mally Ray Ramer

1543 Mulberry Avenue

Panama City, Florida 32401

Docket for Case No: 76-001937

Orders for Case No: 76-001937