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DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs. WILEY ULEE PRIDGEN, D/B/A STRIP WORLD TOPLESS, 80-002144 (1980)

Court: Division of Administrative Hearings, Florida Number: 80-002144 Visitors: 12
Judges: CHARLES C. ADAMS
Agency: Department of Business and Professional Regulation
Latest Update: Jul. 14, 1981
Summary: This case concerns certain allegations placed by the Petitioner against the Respondent's beverage license pursuant to Chapter 561, 796, 500 and 577, Florida Statutes. In particular by the process of the Notice to Show Cause/Administrative Complaint, the Petitioner has made the following accusations: That on or about the 7th of November, 1979, you, WILEY ULEE PRIDGEN, licensed under the beverage laws, your agent, servant or employee, one FIRE, dancer, while on your licensed premises, a public pla
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80-2144.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


STATE OF FLORIDA, DEPARTMENT OF ) BUSINESS REGULATION, DIVISION ) OF ALCOHOLIC BEVERAGES AND )

TOBACCO, )

)

Petitioner, )

)

vs. ) CASE NO. 80-2144

) DABT NO. 29384-A WILEY ULEE PRIDGEN d/b/a STRIP )

WORLD TOPLESS ENTERTAINMENT , )

)

Respondent. )

)


RECOMMENDED ORDER


Pursuant to notice, a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings. The hearing was conducted on February 17, 1981, at 941 West Morse Boulevard, Room 16, Winter Park, Florida.


APPEARANCES


For Petitioner: James N. Watson, Esquire

Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301


For Respondent: H. Franklin Robbins, Jr., Esquire

112 South Lake Avenue Orlando, Florida 32801


ISSUES


This case concerns certain allegations placed by the Petitioner against the Respondent's beverage license pursuant to Chapter 561, 796, 500 and 577, Florida Statutes. In particular by the process of the Notice to Show Cause/Administrative Complaint, the Petitioner has made the following accusations:


  1. That on or about the 7th of November, 1979, you, WILEY ULEE PRIDGEN, licensed under the beverage laws, your agent, servant or employee, one FIRE, dancer, while on your licensed premises, a public place did commit an act which is of a nature to corrupt

    the public morals, or outrage the sense of public decency to wit; while performing a lap dance on one R. L. White, Beverage Officer, FIRE would rub her vaginal area up the

    genital area of WHITE in a grinding and pumping motion, thereby causing WHITE's penis to become erect, contrary to F.S. 561.29 to wit F.S. 877.03.


  2. That on or about the 7th of November, 1979, you, WILEY ULEE PRIDGEN, licensed under the beverage laws, your servant, agent or employee, one ANN LIGGINS LOVELL, dancer, while on your licensed premises, a public place, did unlawfully offer to commit an act of prostitution by giving her body for sexual intercourse to one R. L. WHITE, Beverage Officer, for a sum of money, contrary to

    F.S. 561.29 to wit F.S. 796.07(3)


  3. That on or about the 30th of August, 1979, you, WILEY ULEE PRIDGEN, licensed under the beverage laws, your agent, servant or employee, one RETTA MARIE POTTER, while on your licensed premises, a public place did expose her sexual organ in a vulgar or indecent manner in the presence of C. B. PARKER and B. ROSE, Orange County Sheriff's Deputies, contrary to the provisions of

    F. S. 800.03 and 561.29(1)(a).


  4. That on or about the 5th of January, 1980, you, WILEY ULEE PRIDGEN, licensed under the beverage laws, your agent, servant or employee, one DARLENE MICHELLE WETHERELL, while on your licensed premises, a public place, while dancing on stage did commit an indecent or obscene act, which act constitutes lewdness, to wit; she danced up to within approximately two feet of M.B.I. Investigator Sergeant R. T. HUNTER and pulled the front of her bikini bottom down exposing her pubic area, including the lips of the vagina, contrary to F. S. 561.29(1)(a) and 796.07(3)(a).


  5. That on or about the 29th of August, 1979, you, WILEY ULEE PRIDGEN, licensed under the beverage laws, your agent, servant or employee, one SAMMI RENEE MAGNA, while on your licensed premises, a public place, while dancing on stage did commit an indecent or obscene act which act constitutes lewdness, to wit; she danced in an indecent or obscene manner while completely nude in the presence of Orange County Deputy Sheriff T. J. McCANN and other patrons, contrary to F. S. 561.29(1)(a) and 796.07(3)(a).


  6. That on or about the 29th of August, 1979, you, WILEY ULEE PRIDGEN, licensed under

the beverage laws, your agent, servant or employee, one DENISE WESTON ROBERTSON, while on your licensed premises, a public place, did while dancing on stage, commit an indecent or obscene act which constitutes lewdness, to wit; she danced in an indecent or obscene manner while completely nude in the presence of Orange County Deputy Sheriff

W. J. HINKEY and other patrons, contrary to F. S. 561.29(1)(a) and 796.07(3).


FINDINGS OF FACT


  1. This case is presented for consideration pursuant to Subsection 120.57(1), Florida Statutes, following administrative charges brought by the Petitioner, State of Florida, Division of Alcoholic Beverages and tobacco, against Wiley Ulee Pridgen, d/b/a Strip World Topless Entertainment. The details of those charges may be found as set forth in the issue statement to this Recommended Order. In accordance with that provision, the formal hearing was conducted on February 17, 1981. This Recommended Order is being entered in furtherance of that hearing and after granting the parties an opportunity to offer memoranda of law, proposed findings of fact, conclusions of law and recommendations, and in keeping with the schedule designed to effectuate that opportunity.


  2. The State of Florida, Division of Alcoholic Beverages and Tobacco, is a regulatory agency within the State of Florida which has among its functions the licensure of individuals who sell alcoholic beverages in the State of Florida and the Responsibility to discipline those several licensees, should the licensees violate the underlying regulatory statutes and rules.


  3. Respondent, Wiley Ulee Pridgen, d/b/a Strip World Topless Entertainment, is the holder of and held a valid beverage license on all dates in question in the Administrative Complaint. Specifically, he is the holder of license No. 5801278, Series 2 COP which allows him to sell alcoholic beverages in that category at his premises located at 2201 South Orange Blossom Trail in Orlando, Florida. A copy of his license may be found as Petitioner's Exhibit No. 1 admitted into evidence.


  4. The facts reveal that at approximately 11:30 P.M. on August 29, 1979, Officer Thomas J. McCann of the Orange County, Florida, Sheriff'5 Department went to the licensed premises to ascertain possible violations of the "Anti- Topless Ordinance" in that community. While in the licensed premises, the officer arrested an employee one Sammi Renee Magna for the ordinance offense of going nude in a public place. The officer had observed Magna dancing without clothing while she was on the stage of the licensed premises. He saw her walk up on the stage, after being introduced, and in the course of her dancing take her top off and then remove the G-string part of the costume and dance nude. Total time on the stage was approximately five minutes. In the course of the dance, the subject Magna's breasts, buttocks and pubic area were exposed. The officer did not observe the vaginal area of the subject Magna. During the course of dance, approximately 15 to 20 other persons were in the bar. Of this group of people, there were other employees to include dancers, Magna being one of those dancers, and a bartender. No one attempted to prevent Magna from performing her dance routine which has been discussed.

  5. On the same day, August 29, 1979, at approximately 11:30 P.M., another officer with the Orange County Sheriff's Department entered the licensed premises. This officer was William J. Hinkey. While in the licensed premises, the officer arrested a female employee whose last name is Robertson. The officer saw Robertson introduced and saw her walk up on the stage. While on the stage, she was observed to dance for the duration of three songs. In the course of one of those songs, the dancer Robertson was completely nude. When she entered the stage area, she was wearing a negligee type clothing and G-string and shoes. The sequence of the routine of the dance was to dance in the negligee apparatus for the first dance, remove that apparatus for the second dance, and for the third dance, to take off the G-string part of the costume and roll around on the floor on a bearskin type rug. In the course of this matter, the officer was able to observe the woman's breasts, buttocks, and pubic hair, but not her vaginal area or anus. At the time of the dance routine there were patrons in the bar, one of which was as close as three feet from the dancer.

    The dancer also spread her legs in the course of the dance routine. No one attempted to stop the dancer Robertson from performing her dance sequence.


  6. A man named Cupples was the bartender on duty on the night of August 29, 1979. His comments established the fact that the dancers in the licensed premises were paid $100 a week in addition to a $2.00 fee for "lap dancing." The sequence of the dance routine, established through Cupples, was that the girl would dance with the top portion of the costume for the first dance, the second dance with the top removed, and the last dance totally nude.


  7. The licensee was in the licensed premises for a period of three to five minutes on August 29, 1979; however, the testimony of the officers who observed the aforementioned nude dancing by the women, Magna and Robertson, did not establish that Pridgen saw their dance activities. He was also arrested by the officers.


  8. Following the arrests that were made on the evening in question, certain photographs were taken which became a part of Petitioner's Composite Exhibit No. 2 admitted into evidence and those photographs were admitted into evidence.


  9. On August 30, 1979, Sergeant Charlie B. Parker of the Orange County Sheriff's Office returned to the licensed premises in the company of other police officers. He entered the licensed premises for observation of the activities in the bar. In the course of this investigation, he arrested an employee Retta Marie Potter for exposure of her sexual organs. He observed her come on the stage area wearing a purple dress and shortly thereafter remove the purple dress exposing her breasts. She continued to wear a pair of "see- through" type panties which were shortly removed during the course of her stated activities. There were other persons in the bar area at the time, including waitresses. During the dance routine Potter exposed her pubic area, anal cleft, and aureoles of her breasts.


  10. On the same date, Officer Brandt Rose of the Orange County Sheriff's Office observed the dancer Potter dancing on the stage at a time when the dancer was nude. He observed her bending over and squatting on the stage and allowing her pubic area to be highlighted by a patron with a flashlight. The officer also observed her vagina and anus. In the course of his observations he saw persons working behind the bar and saw dancers receiving tips.


  11. Beverage Agent Robert L. White went to the licensed premises around 2:50 P.M. on November 7, 1979. He was in the company of Beverage Officer B. A.

    Watts, Jr. Shortly after entering the bar White was approached by a female who asked if she could give him a "lap dance." This woman was an employee in the establishment and was in the licensed premises when he arrived. She was dressed in black top and bottom ensemble constituted of a halter top and panties. There were four or five other persons in the bar at the time, who appeared to be patrons. There were also three dancers in the licensed premises. The female dancer who approached White and the other dancers were clothed in essentially the same fashion, either negligee-type clothing or panties or gown and panties- type clothing. The person who approached him identified herself as "Fire." The officer consented for "Fire" to perform the "lap dance." The dancer indicated that she would sit on the officer's lap white he was seated and dance to the music. For this dance she charged a fee of $3.00. She straddled the officer by placing both her knees on both sides of the officer's thighs facing him and placing her vaginal area over his genital area and began to move back and forth in a counterclockwise fashion keeping the vaginal area in contact with the officer's genital area. The dancer kept the bottom portion of her costume on during the course of the dance but removed the top. The dance lasted for a duration of three or four minutes. During the course of the lap dance the officer became sexually aroused, in that his penis became erect. (Other dancers were performing "lap dances" while the officer was in the premises.)


  12. This same person who identified herself as Fire was seen to perform on the stage in the licensed premises.


  13. On November 7, 1979, Officer White was subsequently approached by another employee-dancer named Higgins Lovell. She had been in the licensed premises when the officer arrived. This dancer was dressed in white full-length negligee and panties. She approached the officer and asked if she could perform a "lap dance" and he had declined the invitation initially. The dancer continued to insist. She stated, "Please let me give you a "lap dance." I haven't made that much money today and I need to make more money." As a result, the officer consented to allowing her to perform the "lap dance." During the course of the conversation, the dancer also brought up the subject of sex and said that she had to be compensated for sex because it took so much out of her mentally and physically and that it was a "wear-and-tear" on her "God-given body." Therefore, she indicated that she had to receive compensation for sex. These comments were unsolicited.


  14. The dancer continued to say that she didn't "fuck," she "made love." He asked her what making love meant to her and she said "about thirty bucks." After that answer she stated that, "we don't have a back-room here" and asked where he was staying and the officer told her the Howard Johnson's. She agreed to come over and meet with him at 10:15 P.M. in his room and stated that she would make love with him until he was totally satisfied. At that point the woman Lovell indicated that the price would be $50.00. Specifically, she stated that the officer could take a bath with her and that he could do anything he wanted to do as long as it did not entail beating or any kind of perversion.


  15. The dancer then straddled the officer and began the "lap dance." No one attempted to stop her from performing this dance. During the course of the dance, the dancer removed her gown and was only wearing panties throughout the dance process. Her vaginal area and the genital area of the officer were in contact. The officer paid the dancer for the "lap dance."


  16. On November 7, 1979, Beverage Agent B. A. Watts, Jr., while in the licensed premises, was approached by the subject Anne Higgins Lovell who performed a "lap dance" for the officer. She did this by straddling his groin

    and "humping up and down" for a duration of three minutes. During the "humping up and down," the dancer moved straight up and down and also in a "grinding- type" motion. During the course of the activity Lovell removed her top and pushed her breasts against the officer's face. The officer observed other patrons receiving "lap dances" and observed a man behind the bar. Beverage Agent Watts saw Lovell perform on the stage as a dancer and also saw the dancer "Fire" perform on the stage. During the course of these performances, the women were nude. The dancers performed on the stage by a series of "humping and grinding" motions.


  17. On January 5, 1980, at approximately 9:10 P.M., Sergeant R. T. Hutter of the Orlando Police Department entered the licensed premises for the purposes of determining if there were violations of the "Anti-Topless Ordinance" for that community. On that occasion he arrested one Darlene Wetherell, an employee, for exposing her sexual organs. Wetherell danced up to the location of the officer and pulled her bikini bottoms down at a distance of some two feet from him by pulling down the front of her bikini bottoms to an extent of five or six inches below her crotch. In the course of this the officer could see her vagina and her pubic hair. This exposure lasted for a period of fifteen to twenty seconds. This same individual was seen to dance on the stage in the licensed premises for approximately ten to fifteen minutes.


  18. Respondent arrived at the licensed premises later on January 5, 1980, and inquired of the officer the reason for the arrest of the employee Wetherell. The officer stated "She flashed me, ask her yourself." The dancer said she probably did pull her pants down a little, to which Pridgen replied "I've told you girls a hundred times not to be doing that."


  19. Pridgen, as the owner of the licensed premises is there a minimum of two or three days a week and sometimes on every day the bar is open. There is a bartender who works from 12:01 P.M. to 7:00 P.M. and a separate bartender who works from 7:00 P.M. to 2:00 A.M. The bartenders are responsible for hiring employees. The dismissal of employees is done by the Respondent.


  20. The bar in question has rules which instruct the female dancers not to ask for drinks; to wear tape on their aureoles; to wear full panties and never to proposition anybody for sex acts. These rules are posted in writing in the premises and the female dancers are instructed about the rules.


    CONCLUSIONS OF LAW


  21. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action.


  22. In discussing the specific allegations contained in the Notice to Show Cause/Administrative Complaint, these matters will be dealt with chronologically.


  23. Count 5 related to the contention that Sammi Renee Magna on August 29, 1979, committed a lewd act through dancing in an indecent or obscene manner while completely nude and in the presence of the Orange County Deputy Sheriff T.

    1. McCann and other bar patrons, contrary to subsection 796.07(3)(a) 1/ . It is further contended that the acts of this individual are such that the licensee should be found guilty of a violation of subsection 561.29(1)(a), Florida Statutes. 2/

  24. Having examined the facts in this matter, Sammi Renee Magna is found to be the agent, servant and employee of the licensee. It is also found that on the date in question, Magna danced while disrobed and in the fashion indicated in the Findings of Fact; however, this form of dancing is not found to be lewd within the meaning of subsection 796.07(3)(a), Florida Statutes, or otherwise a violation of that provision. Therefore, the Respondent is not guilty of a violation of subsection 561.29(1)(a), Florida Statutes, as alleged in Count 5 to the Notice to Show Cause/Administrative Complaint.


  25. Count 6 relates to the contention that Denise Weston Robertson on August 29, 1979, committed a lewd act through dancing in an indecent or obscene manner while completely nude and in the presence of the Orange County Deputy Sheriff W. J. Hinkey and other bar patrons, contrary to subsection 796.07(3)(a). It is further contended that the acts of this individual are such that the licensee should be found guilty of a violation of subsection 561.29(1)(a), Florida Statutes.


  26. Having examined the facts in this matter, Robertson is found to be the agent, servant and employee of the licensee. It is also found that on the date in question, Robertson danced while disrobed and in the fashion indicated in the Findings of Fact; however, unlike the routine of Renee Magma which was simply described as nude dancing, this dancer, through a series of three dances, rolled around on the floor on a bear skin type rug, turned over and raised her "bottom" in the air, meaning her buttocks and spread her legs in the front of patrons in the bar. These activities on the part of Robertson constituted lewdness within the meaning of subsection 797.07(3)(a), Florida Statutes.


  27. Under the circumstances, for the Respondent to be held accountable for this violation by his agent, servant and employee, see subsection 561.29(1)(a), Florida Statutes, there must be sufficient evidence to show that the licensee was "culpably responsible for the alleged violations as a result of his own negligence, intentional wrong doing or lack of diligence," see G & B of Jacksonville, Inc., v. State of Florida, 366 So.2d 577 (Fla. 1st DCA 1979). Further, "while the licensed is not an insurer that an agent or servant will not in any particular violate any law of the State of Florida, such licensee nevertheless has a duty to exercise reasonable care and diligence to see that the licensed place of business is conducted in a lawful manner and that its employees do not violate any of the laws of the State of Florida" G & B of Jacksonville, Inc. v. State 0f Florida, 371 So.2d 135, 139 (Fla. 1st DCA 1979).


  28. While the testimony reveals that the Respondent was in the licensed premises for three to five minutes on the night in question, there was no testimony that he observed the activities of Robertson, nor was there any evidence that lee condoned those activities nor was he negligent or remiss in the use of reasonable care or lacking in diligence on the question of Robertson's violation. Consequently, the Respondent is not guilty of a violation of subsection 561.29(1)(a), Florida Statutes, premised upon the acts of Robertson.


  29. Count 3 to the Notice to Show Cause/Administrative Complaint alleges that Retta Marie Potter exposed her sexual organ in a vulgar and indecent manner in a public place, namely the licensed premises which acting as the agent, servant or employee of the licensee and did so in the presence of Officers C. B. Parker and Brant Rose, of the Orange County Sheriff's Department, who are Orange County Sheriff's Deputies, and by doing so acted contrary to Section 500.03, Florida Statutes, 3/ and by those acts caused the Respondent to violate subsection 561.29(1)(a), Florida Statutes. The facts reveal that on August 30,

    1979, Retta Marie Potter was the agent, servant ad employee of the Respondent licensee and throughout the course of a dance routine exposed her vagina, in a manner constituting a violation of Section 800.03, by committing such exposure in a public place not set aside or provided for that purpose. See Hoffman v. Carson, 250 So.2d 591 (Fla. 1971), and G & B of Jacksonville, Inc. v. State of Florida, 362 So.2d 951, 956 (FIa. 1st DCA 1975). This event, when considered in the context of the activities of Robertson which took place on the previous day, a day when the Respondent was at the licensed premises, constitutes sufficient grounds to find the Respondent in violation of subsection 561.29(1)(a), Florida Statutes, for the act of his agent, servant and employee, Retta Marie Potter and to subjecting him to the associated penalties for the violation. See G & B, supra, 66 So.2d 877.


  30. Count 1 of the Notice to Show Cause/Administrative Complaint alleges that an agent, servant or employee of the Respondent, one "Fire," a dancer in the licensed premises, committed an act of nature to corrupt the public morals, or outrage the sense of public decency through the process of performing a "lap dance" on one R. L. White, a beverage officer and by doing so through rubbing her vaginal area upon the genital area of this officer in a pumping and grinding motion causing the officer's penis to become erect and through this series of events violating Section 877.03, Florida Statutes. 4/ By virtue of the acts of his agent, servant and employee the Respondent is alleged to have violated Section 561.29, Florida Statutes.


  31. The dancer "Fire" was an agent, servant and employee of the Respondent on November 7, 1979, and through the process of a "lap dance" did rub her vaginal area on the genital area of Officer White causing his penis to become erect and through these acts committed an act which was of the nature to corrupt public morals or outrage the sense of public decency in violation of Section 877.03, Florida Statutes. Again, when this activity is considered in the context of the activities of Robertson on August 29, 1979, of Retta Marie Potter on August 30, 1979, and of the "lap dancing" performed by Ann Higgins LoveIl on November 7, 1979, the Respondent is found to bave violated Section 561.29, Florida Statutes, and in particular subsection 561.29(1)(a), Florida Statutes, for his negligence and failure to use proper diligence.


  32. Count 2 to the Notice to Show Cause/Administrative Complaint alleges that on November 7, 1979, the Respondent through his servant, agent or employee, Ann Higgins Lovell, a dancer, the Respondent violated Section 561.29, Florida Statutes, by the act of Lovell unlawfully offering to commit an act of prostitution by giving her body for sexual intercourse to one R. L. White, a Beverage Officer, that offer being in violation of subsection 796.07(3)(a), Florida Statutes. While the evidence is clear that Lovell did indeed offer to commit an act of prostitution by giving her body for sexual intercourse to Officer White, contrary to subsection 796.07(3)(a), Florida Statutes, there was no showing that the Respondent condoned this act or allowed it to happen due to his negligence or lack of diligence. Therefore, there has been no showing of a violation of Section 561.29, Florida Statutes.


  33. Count 4 to the Notice to Show Cause/Administrative Complaint alleges that on January 5, 1980, Darlene Michelle Wetherell, in the licensed premises, while dancing on stage, did commit an indecent or obscene act by dancing up to Sergeant R. T. Butter, pulling down the front of her bikini bottom and exposing her pubic area, to include the lips of her vagina, contrary to subsection 796.07(3)(a), Florida Statutes. Wetherell was an agent, servant and employee of the Respondent in the licensed premises on that date. The dancer did approach the officer at the bar area and expose her pubic area to include her vagina, a

violation of subsection 796.07(3)(a); however, this act was not due to the negligence, intentional wrong don or lack of diligence on the part of the Respondent. In fact, the Respondent chastised the dancer for this activity. Therefore, the Respondent is not guilty of a violation of subsection 561.29(1)(a), Florida Statutes.


Based upon a full consideration of the Findings of Fact and Conclusions of Law reached herein, it is


RECOMMENDED:


That Counts 2, 4, 5 and 6 be dismissed. For the violation established through Count 3 to the Notice to Show Cause/Administrative Complaint which occurred on August 30, 1979, the Respondent should be fined in the amount of

$250.00 and for the violation found in Count 1 which took place on November 7, 1979, the Respondent should have his licenses suspended for a period of ten (10) days. 5/


DONE and ENTERED this 15th day of May, 1981, in Tallahassee, Florida.


CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675


Filed with the Clerk of the Division of Administrative Hearings this 15th day of May, 1981.


ENDNOTES


1/ (3) It shall further be unlawful in the state:

    1. To offer to commit, or to commit, or to engage in prostitution, lewdness, or assignation.


2/ (1)(a) Violation by the licensee or his or its agents, officers, servants, or employees, on the licensed premises, or elsewhere while in the scope of employment, of any of the laws of this state or of the United States, or violation of any municipal or county regulation in regard to the hours of sale, service, or consumption of alcoholic beverages, or engaging in or permitting disorderly conduct on the licensed premises, or permitting another on the licensed premises to violate any of the laws of this state or of the United States; except that whether or not the licensee or his or its agents, officers, servants or employees have been convicted in any criminal court of any violation as set forth in this paragraph shall not be considered in proceedings before the division for suspension or revocation of a license except as permitted by chapter 92 or the rules of evidence.


3/ 800.03 Exposure of sexual organs.-It shall be unlawful for any person to expose or exhibit his sexual organs in any public place or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or so to expose or exhibit his person

in such place, or to go or he naked in such place. Provided, however, this section shall not he construed to prohibit the exposure of such organs or the person in any place provided or set apart for that purpose. Any person convicted of a violation hereof shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.052 or s. 775.083.


4/ Breach of the peace; disorderly conduct.-Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quite of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.053.


5/ The Petitioner has submitted a Memorandum of Law and the Respondent has submitted proposed Findings of Fact and Conclusions of Law and Recommendation in this case. These proposals conclusions, recommendation and memorandum have been reviewed prior to the entry of this order. To the extent that they are consistent with the order, they have been utilized. To the extent that they are inconsistent, they are hereby rejected.


COPIES FURNISHED:


James N. Watson, Esquire Department of Business

Regulation

725 South Broneugh Street Tallahassee, Florida 32301


H. Franklin Robbins, Jr., Esquire

112 South Lake Avenue Orlando, Florida 32801


Docket for Case No: 80-002144
Issue Date Proceedings
Jul. 14, 1981 Final Order filed.
May 01, 1981 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 80-002144
Issue Date Document Summary
Jul. 09, 1981 Agency Final Order
May 01, 1981 Recommended Order Suspend license for ten days and fine Respondent $250 for allowing lewd acts in his bar.
Source:  Florida - Division of Administrative Hearings

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