STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA )

DIVISION OF BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1989

) 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, at 9:00 a.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 E. Forsyth Street Jacksonville, Florida 32202

ISSUES

1. Whether or not on or about the 7th day of June, 1976, on the Respondent's licensed premises located at 10 West Church Street, Jacksonville, Florida, the Respondent, its agent, servant or employee, to wit: Cynthia Brown, did unlawfully commit a lewd act with another by dancing in a topless state for Vice Detective Cornell B. Iverson and attempting to place the nipples of her breasts in his mouth and attempting to rub her vagina against his knee and hand, and also fondling Iverson's penis with her hands, in violation of s 798.02, F.S. thereby violating s 561.29, F.S.

   
   

2. Whether or not on or about the 7th day of June, 1976, on the Respondent's licensed premises located at 10 West Church Street, Jacksonville, Florida, the Respondent, its agent, servant or employee, to wit: Gaynell Moore, did unlawfully commit a lewd act with another by dancing in a topless state and allowing a patron, one Bruce Anthony Timmons, to fondle her buttocks and vagina while she rubbed her bare breasts in his face, 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 amended Notice to Show Cause the Respondent, G and B of Jacksonville, Inc., trading as 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. On June 7, 1976, Officer C. B. Iverson of the Jacksonville Sheriff's Office, entered the licensed premises. Officer Iverson entered the premises in the capacity of an undercover officer making a routine check. Shortly after his entry, another officer of the Jacksonville Sheriff's Office, one W. L. Geiger, came into the licensed premises.

   
   

3. One of the dancers in the bar, working at that time, was Cynthia Brown. Brown approached Iverson and asked Iverson if he wanted her to dance. She danced for Iverson for the duration of three or four dance records. During the course of the dancing, she attempted to place the nipples of her breasts into the mouth of Iverson and attempted to rub her vagina on his hand, which hand was placed on his knee while he was seated. Other persons were in the licensed premises at that time, to include a female bartender and four other dancers. None of these individuals attempted to stop the conduct of Cynthia Brown.

   
   

4. On the same date, June 7, 1976, Bruce Anthony Timmons was one of the patrons. Timmons was seated on a bar stool and was approached by Gaynell Moore, a dancer working in the licensed premises at that time. Gaynel Moore was dressed in a black brassiere and bikini type outfit. After being approached by Moore, Timmons placed his mouth on the breast of Gaynell Moore. Timmons also massaged the vagina of Gaynell Moore and fondled her buttocks. None of the aforementioned employees in the licensed premises attempted to stop Gaynell Moore's activity with Timmons. All the circumstances between Moore and Timmons occured during the course of her dancing for him.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

6. It is concluded as a matter of law that on or about the 7th day of June, 1976, on the Respondent's licensed premises located at 10 West Church Street, Jacksonville, Florida, the Respondent, its agent, servant and employee, to wit: Cynthia Brown did unlawfully commit a lewd act with another by dancing in a topless state for Vice Detective Cornell B. Iverson, as described in the findings of fact, in violation of s 798.02, F.S. thereby violating 561.29, F.S.

   
   

7. It is concluded as a matter of law that on or about the 7th day of June, 1976, on the Respondent's licensed premises located at 10 West Church Street, Jacksonville, Florida, the Respondent, its agent, servant and employee, to wit: Gaynell Moore, did unlawfully commit a lewd act with another by dancing in a topless state and allowing a patron, one Bruce Anthony Timmons, to do acts 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, Inc., trading as the Harem, license no. 76-957 be suspended for a period of 10 days.

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 32304

Docket for Case No: 76-001989

Orders for Case No: 76-001989