STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, )

DIVISION OF BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1981

)

G & B JACKSONVILLE, INC., )

t/a CLIMAX )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings, at 1:00 p.m., January 19, 1977, at 1934 Beachway Road, Jacksonville, Florida.

APPEARANCES

For Petitioner: Charles Tunicliff, Esquire

Division of Beverage

Department of Business Regulation The Johns Building

725 Bronough Street

Tallahassee, Florida 32304

For Respondent: Harry Katz, Jr., Esquire

337 East Forsyth Street Jacksonville, Florida 32202

ISSUES

1. Whether or not on or about the 11th day of June, 1976, on the Respondent's licensed premises located 5916 Phillips Highway, Jacksonville, Florida, the Respondent, its agent, servant or employee, one Myra Kathryn Watkins, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer, one Patrick Francis Murphy, by dancing in a topless manner while rubbing her pubic area on his and allowing him to kiss her breasts, in violation of s 798.02, F.S., thereby violating s 561.29, F.S.

   
   

2. Whether or not on or about the 11th day of June, 1976, on the Respondent's licensed premises located at 5916 Phillips Highway, Jacksonville, Florida, the Respondent, its agent, servant or employee, one LaMae Simpson, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer, one William Wehrmann, by dancing in a topless manner while allowing him to place U.S. currency into her g-string and fondle her legs, in violation of s 798.02, F.S., thereby violating 56l.59, F.S.

3. Whether or not on or about the 11th day of June, 1976, on the Respondent's licensed premises located at 5916 Phillips Highway, Jacksonville, Florida, the Respondent its agent, servant or employee, one Ellen Marie Collins, did unlawfully engage in open and gross lewd and Lascivious behavior with Vice Officer H. R. Hall by dancing in a topless manner while rubbing her pubic region and buttocks on his lap and attempting to place her breasts into his mouth, in violation of s 798.02, F.S. thereby violating s 561.29, F.S.

FINDINGS OF FACT

1. At all times material to the allegations found in the Notice to Show Cause, the Respondent, G and B of Jacksonville, Inc., trading as Climax, located 5916 Phillips Highway, Jacksonville, Florida, was licensed under License No. 26- 780, Series 4-COP, held with the State of Florida, Division of Beverage.

   
   

2. On June 11, 1976, one Myra Kathryn Watkins was working as a dancer for the licensee in the subject licensed premises. One of the customers for whom she was dancing was Patrick Francis Murphy. Murphy paid her $10.00 to dance the duration of five records for him. During the course of these dances, on more than one occasion, Murphy kissed the bare breasts of Watkins and she allowed this to occur.

   
   

3. On June 17, 1976, one LaMae Simpson was working as a dancer for the licensee in the subject licensed premises. She was dancing topless and wearing a g-string. One of the patrons for whom she danced was William Wehrmann. While standing in the vicinity of where Wehrmann was located, she allowed Wehrmann to fondle her legs with his hands and, at some point in time, held her g-string costume away from her body to allow him to place some form of currency into the area of the g-string with his hand.

   
   

4. On June 11, 1976, Officer H. R. Hall of the Jacksonville Sheriff's Office entered the subject licensed premises. While seated at a table in the premises, he was approached by one of the dancers working there, Elaine Marie Collins. Collins asked if Hall would like her to dance for him. Hall agreed to do this and paid $2.00 for the dance. Collins danced topless for Hall and on four or five occasions during the course of the dance, tried to place her breasts in Hall's mouth. She also rubbed her buttocks over his groin area.

   
   

5. During the course of the activities described above, as entered into by the named dancers, no attempts were made by the employees within the licensed premises to stop this activity.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

7. It is concluded as a matter of law that on or about the 11th day of June, 1976, on the Respondent's licensed premises located at 5916 Phillips Highway, Jacksonville, Florida, the Respondent, its agent, servant or employee, one Myra Kathryn Watkins, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer, one Patrick Francis Murphy, as described in the findings of fact, in violation of s 798.02, F.S., thereby violating s 561.29, F.S.

   
   

8. It is concluded as a matter of law that on or about the 9th day of June, 1976, on the Respondent's licensed premises located at 5916 Phillips Highway, Jacksonville, Florida, the Respondent, its agent, servant or employee,

   one LaMae Simpson, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer, one William Wehrmann, as described in the findings of fact, in violation of s 798.02, F.S., thereby violating s 561.29, F.S.

   
   

9. It is concluded as a matter of law that on or about the 11th day of June, 1976, on the Respondent's licensed premises located at 5916 Phillips Highway, Jacksonville, Florida, the Respondent, its agent, servant or employee, one Ellen Marie Collins, did unlawfully engage in open and gross lewd and lascivious behavior with Vice Officer H. R. Hall, as described in the findings of fact, in violation of s 798.02, F.S. thereby violating s 561.29, F.S.

RECOMMENDATIONS

It is recommended that the license of the Respondent, G and B of Jacksonville, trading as Climax be revoked.

DONE AND ORDERED this 18th day of April, 1977, in Tallahassee, Florida.

CHARLES C. ADAMS

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

COPIES FURNISHED:

Charles Tunnicliff, Esquire Division of Beverage

725 Bronough Street

Tallahassee, Florida 32304

Harry Katz, Jr., Esquire

337 E. Forsyth Street Jacksonville, Florida 32202

Docket for Case No: 76-001981

Orders for Case No: 76-001981