STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, )

DIVISION OF BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1988

) G & B OF JACKSONVILLE, INC. ) t/a THE HAREM )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings, on January 20, 1977 at 1:00 p.m. at 1934 Beachway Road, Jacksonville, Florida.

APPEARANCES

For Petitioner: Charles Tunnicliff, 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

ISSUE

Whether or not on or about the 16th day of June, 1976, on the Respondent's licensed premises located 10 West Church Street, Jacksonville, Florida, the Respondent, its agent, servant, or employee, one Julia Mae Bell, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer, one

1. L. Copeland, by dancing in a topless manner while rubbing her buttocks and pubic area on his legs, in violation of Section 798.02, F.S. thereby violating Section 561.29, F.S.

   
   

   FINDINGS OF FACT

   
   

   1. At all times material to the allegations found in the amended Notice to Show Cause the Respondent, The Harem located at 10 West Church Street, Jacksonville, Florida, was licensed under License No. 26-957, Series 2-COP, held with the State of Florida, Division of Beverage.

   2. Officer C. L. Copeland was in the licensed premises on June 16, 1976 and observed a dancer, Julia Mae Bell. In the course of her activity, she accidentally touched her buttocks against Officer C. L. Copeland's legs.

      
      

      CONCLUSIONS OF LAW

      
      

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

      
      

   4. It is concluded as a matter of law that the Petitioner has failed to show that on or about the 16th day of June, 1976, on the Respondent's licensed premises located at 10 West Church Street, Jacksonville, Florida that the Respondent, its agent, servant, or employee, one Julia Mae Bell, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer, one

C. L. Copeland, by dancing in a topless manner while rubbing her buttocks and pubic area on his legs, in violation of Section 798.02, F.S. thereby violating Section 561.29, F.S.

RECOMMENDATIONS

It is recommended that the charge placed against the Respondent, G and B of Jacksonville, Inc., trading as The Harem, for acts as set forth herein, be dismissed.

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

Department of Business Regulation The Johns Building

725 Bronough Street

Tallahassee, Florida 32304

Harry Katz, Jr., Esquire

337 E. Forsyth Street Jacksonville, Florida 32202

Docket for Case No: 76-001988

Orders for Case No: 76-001988