STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DIVISION OF ) ALCOHOLIC BEVERAGES AND TOBACCO )

)

Petitioner, )

)

vs. ) CASE NO. 77-2062

) DABT NO. 5-77-36A

WAYNE E. TEUTON )

d/b/a MR. TEE'S PIZZA )

)

Respondent. )

)

RECOMMENDED ORDER

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, Offices of the Division of Alcoholic Beverages and Tobacco, Orlando, Florida at 11:00 A.M., December 14, 1977.

APPEARANCES

For Petitioner: Lawrence D. Winson, Esquire

Division of Alcoholic Beverages and Tobacco 725 South Bronough Street

Tallahassee, Florida 32304

For Respondent: Wayne E. Teuton

587 Beville Road

South Daytona, Florida ISSUE

Whether or not on or about September 2, 1977, Wayne E. Teuton, a licensed vendor, and/or his agent, servant, or employee Judy P. Loper, did sell, give, serve or permit to be served alcoholic beverages, to wit: a mug of beer, to a person, Timothy V. Girard, under the age of 18, contrary to Section 562.11(1), F.S.

FINDINGS OF FACT

1. The Respondent, Wayne E. Teuton, is the holder of license no. 74-806, held with the Petitioner, State of Florida, Division of Alcoholic Beverages and Tobacco. This license is for doing business at a location known as . Tee's Pizza, located at 587 Beville Road, South Daytona, Florida.

   
   

2. On the evening of September 2, 1977, Officers of the Division of Alcoholic Beverages and Tobacco entered the licensed premises around 9:50 P.M. A crowd of approximately 150 individuals were in the licensed premises. Many of these individuals were persons of high school age. When the officers entered the premises they went to a table and sat down and began to observe the

   activities of the bar within the premises. After observing for approximately 45 minutes, one of the officers, officer Dunbar; saw a young man, Timothy V. Girard and his companion take a sit at one of the booths.

   
   

3. Once Girard had been seated, a waitress who was employed by the licensee approached the table at which Girard was seated. He placed an order with her for an alcoholic beverage, to wit: a mug of beer. This order was placed without any request being made by Ms. Loper for the production of an identification document by Girard. Loper returned to the table and served Girard the mug of beer and was paid. Girard then drank some of the beer, at which point the officers of the Petitioner approached his table. When they requested an identification card from Girard he was unable to produce any form of identification. Subsequently it was discovered that Girard was 17 years of age on the date of September 2, 1977.

   
   

4. Officer Dunbar saw mugs and pitchers being delivered to certain tables other than the table of Girard, which were being made by the several waitress employees of the licensee. On these occasions no identification checks were being made. When the persons who had been served these containers of what appeared to be beer were later checked, they no longer had the beverage in their presence. Nonetheless, some of the individuals, other than Girard, who were checked for identification were found to be under age, and these were the same people who were consuming the substance which appeared to be beer. The officers established seeing these same young people consume the beverage which appeared to be beer.

   
   

5. The waitress, Judy Loper testified in the hearing, and indicated that she had not asked for an identification card because she felt that Girard was over age. She stated that the licensee's policy was to check the identification of those persons whose true age was in doubt. The licensee, Wayne E. Teuton testified in the hearing and verified Ms. Loper's statement of the policy, indicating that they checked the persons who were of questionable age.

   
   

6. The provision of the law which the licensee has been charged with specifically, Section 562.11(1), F.S., prohibits the sale of alcoholic beverages to anyone under the age of 18. Beer is an alcoholic beverage within the meaning of the law and as established, Girard was under the age of 15. This violation by Judy P. Loper, an employee of the licensee, was one which the licensee failed to protect against, due to his negligence and lack of due diligence. Therefore, the licensee is subject to the penalties found in Section 561.29, F.S.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

8. Based on the facts as established in this cause which indicate that Judy P. Loper, an employee of the licensee did sell, give, or serve alcoholic beverages, to wit: a mug of beer to Timothy v. Girard who was under the age of

18 contrary to Section 562.11(1), F.S.; an action which took place due to the negligence and lack of due diligence on the part of the licensee, the licensee is subject to the penalties found in Section 561.29, F.S.

RECOMMENDATION

It is recommended that the Respondent, Wayne E. Teuton, be fined in the amount of $200.00 for this violation and failure to pay the fine within 20 days of the final order shall bring about a 10 day suspension.

DONE AND ENTERED this 25th day December, 1977, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Lawrence D. Winson, Esquire Division of Alcoholic

Beverages and Tobacco 725 South Bronough Street

Tallahassee, Florida 32304

Wayne E. Teuton

587 Beville Road

South Daytona, Florida

Docket for Case No: 77-002062

Orders for Case No: 77-002062