STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIVISION OF ALCOHOLIC BEVERAGES ) AND TOBACCO, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2065

) CORNELIA T. BROWN d/b/a OASIS ) RESTAURANT BAR & LOUNGE, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Orlando, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter, on September 9, 1981. The parties were represented by:

APPEARANCES

For Petitioner: James N. Watson, Jr., Esquire

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

For Respondent: Cornelia T. Brown

Route 1, Box 350-7

Groveland, Florida 32736

This case was presented through a Notice to Show Cause/Administrative Complaint seeking revocation or suspension of Respondent's alcoholic beverage license No. 45-356, or imposition of civil penalty based on the following charges:

1. On or about June 12, 1980, you, CORNELIA

   T. BROWN, a licensed retail vendor, were charged with possession of a controlled substance in violation of F.S. 893.13 to wit F.S. 561.29.

   
   

2. On or about June 12, 1980, you, CORNELIA

   T. BROWN, a licensed retail vendor, were charged with possession of marijuana with intent to sell, in violation of F.S. 893.13 to wit F.S. 561.29.

3. On or about June 12, 1980, you, CORNELIA

   T. BROWN, a licensed retail vendor, were charged with possession of marijuana with intent to sell, in violation of F.S. 893.13 to wit F.S. 561.29

   
   

4. On or about June 12, 1980, you CORNELIA

   T. BROWN, a licensed retail vendor, were charged with possession of a controlled substance with intent to sell, in violation of F.S. 893.13 to wit F.S. 561.29

   
   

5. On or about June 12, 1980, you, CORNELIA

T. BROWN, a licensed retail vendor, were charged with possession of drug paraphernalia in violation of F.S. 893.13 to wit F.S. 561.29.

The parties submitted post hearing memoranda which included proposed findings of fact. To the extent these proposed findings have not been adopted or are inconsistent with the findings herein, they have been specifically rejected as irrelevant or not supported by the evidence.

FINDINGS OF FACT

1. The Respondent, Cornelia T Brown, doing business as the Oasis Restaurant Bar and Lounge, is the holder of beverage license No. 45-356, Series 2-COP. This license allows the consumption of alcoholic beverages on the premises, located on Douglas Road, Groveland, Florida. The Petitioner, State of Florida, Division of Alcoholic Beverages and Tobacco, is an agency of the State of Florida which has its responsibility the licensure and regulation of beverage license holders in the State of Florida.

   
   

2. On June 12, 1980, pursuant to a search warrant, Lake County Sheriff and Groveland Police officials accompanied by Petitioner's Beverage Officer, conducted a search of the licensed premises. Respondent was present throughout the investigation.

   
   

3. Among the items seized as suspected controlled substances were seven plastic baggies and eight small manila envelopes containing a total of 52.1 grams of cannabis. Currency in the amount of $2,273,67 was also seized.

   
   

4. The cannabis and currency were contained in a purse belonging to Respondent. The purse was discovered in the kitchen of the licensed premises, an area not open to bar/restaurant patrons or other members of the public.

   
   

   CONCLUSIONS OF LAW

   
   

5. Section 561.29, Florida Statutes (F.S.), provides in part:

   
   

   1. The division is given full power and authority to revoke or suspend the license of any person holding a license under the Beverage Law, when it is determined or found by the division upon sufficient cause appearing of:

      1. 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. . . .

         
         

6. Subsections 893.13(1)(e) and (f), F.S., provide that possession of more than 20 grams of cannabis is a felony of the third degree. Subsection 893.13(1)(a), F.S., provides that possession of cannabis with intent to sell is a felony of the third degree.

   
   

7. Petitioner demonstrated that Respondent had in her possession, while on the licensed premises, in excess of 20 grams of cannabis on June 12, 1980. The packaging of the cannabis and the presence of a large sum of money indicated intent to sell. Respondent did not deny these charges and offered no evidence in rebuttal.

RECOMMENDATION

From the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of violations as alleged in

Counts 1, 2 and 4. It is further

RECOMMENDED that County 3, which duplicates County 2, and Count 5, be DISMISSED. It is further

RECOMMENDED that Respondent's License No. 45-356 be REVOKED.

DONE AND ENTERED this 30th day of September 1981 in Tallahassee, Leon County, Florida.

R. T. CARPENTER Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 30th day of September 1981.

COPIES FURNISHED:

Cornelia T. Brown Route 1, Box 350-7

Groveland, Florida 32736

James N. Watson, Jr., Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301

Docket for Case No: 81-002065

Orders for Case No: 81-002065