Judges: CHARLES C. ADAMS
Agency: Department of Business and Professional Regulation
Latest Update: Apr. 08, 1977
Summary: Whether or not on or about October 15, 1976, the Respondent, its agent, or employee did knowingly promote, permit a lewd, obscene or indecent show contrary to Section 847.011(4), F.S. Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Mary Ann Palek, did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S. Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Caroline Ann Rueg
Summary: Whether or not on or about October 15, 1976, the Respondent, its agent, or employee did knowingly promote, permit a lewd, obscene or indecent show contrary to Section 847.011(4), F.S. Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Mary Ann Palek, did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S. Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Caroline Ann Ruegg did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S. Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Theresa Ann Caldwell did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S. Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Veleta Rose Shorter did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S. Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Nancy Lee Henry did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S. Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Joyce Gail Waechter did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011, F.S. Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Arbrenda D. Thomas did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011, F.S. Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Mary Hildegrade Szczebak did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S. Whether or not on or about October 15, 1976, the Respondent's agent, employee, or servant Gladys Amol did participate/perform in lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S. Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Ann M. Hall did participate/perform in lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S. Whether or not on or about October 15, 1976, the Respondent's agent, employee, or servant Emma Lou Weagraff did participate/perform in lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S. Whether or not on or about October 15, 1976, the Respondent's agent, employee, or servant Peggy Janet Scroggins did participate/perform in lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S.Respondent knowingly allowed female dancers in his employ at licensed premises to engage in lewd, obscene acts with patrons. Suspend 30 days.
More
vs. ) CASE NO. 77-287
Respondent. )
Pursuant to notice a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings at 1300 West Lee Road, Orlando, Florida on March 15, 1977.
For Petitioner: Charles T. Collett, Esquire
For Respondent: J. Cheney Mason, Esquire
Whether or not on or about October 15, 1976, the Respondent, its agent, or employee did knowingly promote, permit a lewd, obscene or indecent show contrary to Section 847.011(4), F.S.
Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Mary Ann Palek, did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S.
Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Caroline Ann Ruegg did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S.
Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Theresa Ann Caldwell did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S.
Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Veleta Rose Shorter did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S.
Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Nancy Lee Henry did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S.
Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Joyce Gail Waechter did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011, F.S.
Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Arbrenda D. Thomas did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011, F.S.
Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Mary Hildegrade Szczebak did participate/perform in a lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S.
Whether or not on or about October 15, 1976, the Respondent's agent, employee, or servant Gladys Amol did participate/perform in lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S.
Whether or not on or about October 15, 1976, the Respondent's agent, employee or servant Ann M. Hall did participate/perform in lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S.
Whether or not on or about October 15, 1976, the Respondent's agent, employee, or servant Emma Lou Weagraff did participate/perform in lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S.
Whether or not on or about October 15, 1976, the Respondent's agent, employee, or servant Peggy Janet Scroggins did participate/perform in lewd, obscene, or indecent show or act contrary to Section 847.011(4), F.S.
At all times material to the proceedings Paul Vogelbacher was the holder of license no. 58-695, held with the State of Florida, Division of Beverage. This license was held to do business as the Gaslite, located at 2201
S. Orange Blossom Trail, Orlando, Florida.
On one occasion in late September, 1976, dancers within the licensed premises were observed sitting astride male customers' laps with the customers' legs together and the dancers' legs spread apart. While seated in this posture the dancers were making bumping and grinding motions on the customers' laps, while the customers fondled the breasts of the dancers. One customer handed a beer bottle to one of the dancers who rubbed the bottle on her pubic area. The licensee, Paul Vogelbacher, entered the premises around 10:30 P.M. on that evening, and was present while the aforementioned activity by the dancers was taking place. Vogelbacher also looked around the area where the dancing was taking place. Vogelbacher then left the premises, after staying 15 or 20
minutes. The customers, dancers, and Vogelbacher had been observed in this incident by Deputy John C. Swanson, Orange County Sheriff's Office.
Deputy Swanson and Deputy Wood of the same law enforcement agency, returned to the licensed premises on Saturday afternoon, about a week after the first occasion. On this visit, dancers were observed seated on the male patrons' laps as before, and these girls were allowing the customers to fondle their breasts. The licensee Paul Vogelbacher was not in attendance at that time.
Deputy Swanson, other members of the Orange County Sheriff's Office and members of the State of Florida, Division of Beverage returned to the licensed premises on October 15, 1976. Officer Swanson entered the licensed premises between 9:15 and 9:30 P.M. and was in the premises from that time until 11:00 P.M., at which time a raid of the licensed premises was made and a number of arrests affected.
Dancers in the licensed premises to wit: Mary Ann Palek, Caroline Ann Ruegg, Theresa Ann Caldwell, Veleta Rose Shorter, Nancy Lee Henry, Joyce Gail Waechter, Arbrenda D. Thomas, Mary Hildegrade Szczebak, Gladys Amol, Ann M. Hall, Emma Lou Weagraff, and Peggy Janet Schoggins were seen seated on individual male customer's laps rubbing the area of their crotch against the crotch of the customers. In addition, Theresa Ann Caldwell, while dancing on the stage allowed one male patron to pull down her g-string and put his nose up her rectum.
The dancer Nancy Lee Henry spoke to officers Swanson and Wood and told them, "the dancing is against the law, but a gentleman is at the door to lookout, we're not supposed to sit astride the customers".
One patron was also seen fondling the breasts of the dancer, Arbrenda
D. Thomas. Mary Hildegrade Szczebak allowed three or four customers to touch and fondle her breasts. Finally, Gladys Amol allowed three or four customers to fondle her breasts.
All the activities immediately mentioned occurred on October 15, 1976, the night of the raid and arrests. All these activities were occurring while a bartender was on duty in the licensed premises; however, Paul Vogelbacher was not in attendance.
Vogelbacher had never instructed any of the girls to dance in the manner shown on October 15, 1976, and two and possibly more of the dancers indicated that Vogelbacher had told them on at least one occasion not to dance in the aforementioned manner. Prior to the time of the raid on October 15, 1976, Vogelbacher would come to the licensed premises for 1/2 hour to 2-1/2 hours, but not everyday. Since that time Vogelbacher has come to the bar at least once a work day and stayed 30 minutes up to an entire day, which is a 14 hour day in the licensed premises.
Two weeks prior to the hearing before the Division of Administrative Hearings, Swanson returned to the bar and observed the same form of activity by the dancers in the licensed premises, meaning bumps and grinds while seated on the laps of the male patrons.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction in this cause.
It is concluded as a matter of law that on or about October 15, 1976, agents and/or employees of the Respondent, Paul Vogelbacher did knowingly promote, and permit a lewd, obscene or indecent show, as shown by the facts, contrary to Section 847.011(4), F.S., thereby showing a violation on the part of the licensee, Paul Vogelbacher, of Section 561.29, F.S., by his negligence, without care to diligently attempt to prevent such activity.
It is concluded as a matter of law that on or about October 15, 1976, the Respondent's agent, employee or servant Mary Ann Palek, did participate and/or perform in a lewd, obscene or indecent show or act, as shown by the facts, contrary to Section 847.011(4), F.S., thereby showing a violation on the part of the licensee, Paul Vogelbacher of Section 561.29, F.S., by his negligence, without care to diligently attempt to prevent such activity.
It is concluded as a matter of law that on or about October 15, 1976, the Respondent's agent, employee or servant Caroline Ann Ruegg did participate and/or perform in a lewd, obscene or indecent show or act, as shown by the facts, contrary to Section 847.011(4), F.S., thereby showing a violation on the part of the licensee, Paul Vogelbacher of Section 561.29, F.S., by his negligence, without care to diligently attempt to prevent such activity.
It is concluded as a matter of law that on or about October 15, 1976, the Respondent's agent, employee or servant Theresa Ann Caldwell, did participate and/or perform in a lewd, obscene or indecent show or act, as shown by the facts, contrary to Section 847.011(4), F.S., thereby showing a violation on the part of the licensee, Paul Vogelbacher of Section 561.29, F.S., by his negligence, without care to diligently attempt to prevent such activity.
It is concluded as a matter of law that on or about October 15, 1976, the Respondent's agent, employee or servant Veleta Rose Shorter, did participate and/or perform in a lewd, obscene or indecent show or act, as shown by the facts, contrary to Section 847.011(4), F.S., thereby showing a violation on the part of the licensee, Paul Vogelbacher of Section 561.29, F.S., by his negligence, without care to diligently attempt to prevent such activity.
It is concluded as a matter of law that on or about October 15, 1976, the Respondent's agent, employee or servant Nancy Lee Henry, did participate and/or perform in a lewd, obscene or indecent show or act, as shown by the facts, contrary to Section 847.011(4), F.S., thereby showing a violation. on the part of the licensee, Paul Vogelbacher of Section 561.29, F.S., by his negligence, without care to Diligently attempt to prevent such activity.
It is concluded as a matter of law that on or about October 15, 1976, the Respondent's agent, employee or servant Joyce Gail Waechter, did participate and/or perform in a lewd, obscene or indecent show or act, as shown by the facts, contrary to Section 847.011(4), F.S., thereby showing a violation on the part of the licensee, Paul Vogelbacher of Section 561.29, F.S., by his negligence, without care to diligently attempt to prevent such activity.
It is concluded as a matter of law that on or about October 15, 1976, the Respondent's agent, employee or servant Arbrenda D. Thomas, did participate and/or perform in a lewd, obscene or indecent show or act, as shown by the
facts, contrary to Section 847.011(4), F.S., thereby showing a violation on the part of the licensee, Paul Vogelbacher of Section 561.29, F.S., by his negligence, without care to diligently attempt to prevent such activity.
It is concluded as a matter of law that on or about October 15, 1976, the Respondent's agent, employee or servant Mary Hildegrade Szczebak did participate and/or perform in a lewd, obscene or indecent show or act, as shown by the facts, contrary to Section 847.011(4), F.S., thereby showing a violation on the part of the licensee, Paul Vogelbacher of Section 561.29, F.S., by his negligence, without care to diligently attempt to prevent such activity.
It is concluded as a matter of law that on or about October 15, 1976, the Respondent's agent, employee or servant Gladys Amol, did participate and/or perform in a lewd, obscene or indecent show or act, as shown by the facts, contrary to Section 847.011(4), F.S., thereby showing a violation on the part of the licensee, Paul Vogelbacher of Section 561.29, F.S., by his negligence, without care to diligently attempt to prevent such activity.
It is concluded as a matter of law that on or about October 15, 1976, the Respondent's agent, employee or servant Ann M. Hall, did participate and/or perform in a lewd, obscene or indecent show or act, as shown by the facts, contrary to Section 847.011(4), F.S., thereby showing a violation on the part of the licensee, Paul Vogelbacher of Section 561.29, F.S., by his negligence, without care to diligently attempt to prevent such activity.
It is concluded as a matter of law that on or about October 15, 1976, the Respondent's. agent, employee or servant Emma Lou Weagraff, did participate and/or perform in a lewd, obscene or indecent show or act, as shown by the facts, contrary to Section 847.011(4), F.S., thereby showing a violation on the part of the licensee, Paul Vogelbacher of Section 561.29, F.S., by his negligence, without care to diligently attempt to prevent such activity.
It is concluded as a matter of law that on or about October 15, 1976, the Respondent's agent, employee or servant Peggy Janet Scroggins, did participate and/or perform in a lewd, obscene or indecent show or act, as shown by the facts, contrary to Section 847.011(4), F.S., thereby showing a violation on the part of the licensee, Paul Vogelbacher of Section 561.29, F.S., by his negligence, without care to diligently attempt to prevent such activity.
Based upon the violations as established in this cause, it is recommended that the license no. 58-694, held by Paul Vogelbacher with the State of Florida, Division of Beverage, be suspended for a period of 30 days.
DONE and ENTERED this 8th day of April, 1977, in Tallahassee, Florida.
CHARLES C. ADAMS
Charles T. Collett, Esquire Russell Crawford, Esquire Department of Business Regulation 127 North Magnolia Avenue 725 Bronough Street Orlando, Florida 32801
J. Cheney Mason, Esquire
