STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS ) REGULATION, DIVISION OF ALCOHOLIC ) BEVERAGES AND TOBACCO, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1853

) THE PRODUCER'S RESTAURANT, INC., )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Jacksonville, Florida, before the Division of Administrative Hearings by its duly designated Bearing Officer, Robert T. Benton, II, on November 16, 1977.

APPEARANCES

For Petitioner: Mr. Francis Bayley, Esquire

The Johns Building

725 South Bronough Street Tallahassee, Florida 32304

For Respondent: No appearance

By notice to show cause dated May 13, 1977, petitioner alleged that respondent is licensed under the beverage law as a special restaurant and that on or about April 13, 1977, respondent "fail[ed] to serve [sic] at least fifty- one (51) percent of [its] gross revenue from the sale of food and non alcoholic beverages, contrary to 561.20(2)(a), F.S.S. [sic], and Administrative Rule 7A- 3.14"; failed to maintain complete sales records covering the period from October 6, 1975, to October 1, 1976, in violation of Rule 7A-3.14, F.A.C.; and, on or about April 2, 1977, fail[ed] to discontinue the sale of alcoholic beverages when the service of full course meals was discontinued, in violation of Rule 7A-3.15, Florida Administrative Code.

FINDINGS OF FACT

1. On April 2, 1977, respondent discontinued serving full course meals, although the restaurant continued to offer sandwiches. After this change, just as before, respondent sold alcoholic beverages to its patrons. Even earlier, over the period from October of 1976 to March of 1977, records indicated gross sales of alcoholic beverages in the approximate amount of one hundred seventy- nine thousand dollars ($179,000.00) as compared to gross sales of food and nonalcoholic beverages over the same period in the approximate amount of seventy-five thousand dollars ($75,000.00).

2. When petitioner's employee, Officer Boyd, sought to examine respondent's records on April 13 and 14, 1977, he was told by agents of respondent that respondent's records covering the time period before October of 1976, were not available.

   
   

   CONCLUSIONS OF LAW

   
   

3. "[R]estaurants holding a special restaurant license must discontinue the sale of alcoholic beverages whenever the service of full course meals is discontinued," Rule 7A-3.15, F.A.C., "must derive at least 51 percent of . . . gross revenue from the sale of food and non-alcoholic beverages . . . [and] shall maintain a separate and complete record of all purchases and sales of food and non-alcoholic beverages . . . on the premises." Rule 7A-3.14, F.A.C. The evidence established that these requirements for restaurants holding special licenses were not met.

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That petitioner revoke respondent's special restaurant license.

DONE and ENTERED this 6th day of December, 1977, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

The Producer's Restaurant, Inc. 3699 Phillips Highway Jacksonville, Florida

Mr. J. M. Ogonowski, Esquire District 3, Department of

Business Regulation 1934 Beachway Road

Jacksonville, Florida 32207

Mr. Francis Bayley, Esquire Department of Business Regulation Legal Section

The Johns Building

725 South Bronough Street Tallahassee, Florida 32304

Docket for Case No: 77-001853

Orders for Case No: 77-001853