STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS )

REGULATION, DIVISION OF ) ALCOHOLIC BEVERAGES AND TOBACCO, )

)

Petitioner, )

)

vs. ) CASE NO. 82-3410

) GRAPEVINE RESTAURANT NO. ONE, )

et al., d/b/a GRAPEVINE )

RESTAURANT, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in the above case before the Division of Administrative Hearings by its duly designated Hearing Officer, Donald R. Alexander, on March 30, 1983, in Sarasota, Florida.

APPEARANCES

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

725 South Bronough Street Tallahassee, Florida 32301

For Respondent: No appearance

BACKGROUND

On an undisclosed date in 1982, Petitioner, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, issued a notice to show cause against Respondent, Grapevine Restaurant No. One, Inc., d/b/a Grapevine Restaurant, stating that it intended to take disciplinary action against Respondent's license for failing to provide the service of full course meals as required by Rule 7A-3.15, Florida Administrative Code.

Respondent disputed the above allegation and on April 16, 1982, requested a formal hearing pursuant to Subsection 120.57(1) Florida Statutes. The matter was forwarded by Petitioner to the Division of Administrative Hearings on December 16, 1982, with a request that a hearing officer be assigned to conduct a formal hearing.

By notice of hearing dated January 31, 1983, the final hearing was scheduled for March 30, 1983, in Sarasota, Florida. At the final hearing, Petitioner presented the testimony of Mark Willingham, beverage sergeant, and offered Petitioner's Exhibit 1 which was received in evidence. There was no appearance by Respondent.

There is no transcript of hearing. Proposed findings of fact and conclusions of law were filed by Petitioner on April 6, 1983, and have been considered by the undersigned in the preparation of this order.

The issue herein is whether Respondent's special restaurant license should be disciplined for the alleged violation set out in the notice to show cause.

Based upon all the evidence, the following findings of fact are determined: FINDINGS OF FACT

1. At all times relevant hereto, Respondent, Grapevine Restaurant No. One, Inc., d/b/a Grapevine Restaurant, held license number 51-120 4 COP SRX issued by Petitioner, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco. The license is a special restaurant license which requires that full course meals be served whenever the sale of alcoholic beverages occurs. Respondent operates a combination restaurant and lounge at 4320 14th Street West, Bradenton, Florida.

   
   

2. On the evening of March 11, 1982, beverage sergeant Mark Willingham entered the premises of Respondent for the purpose of having a drink.

   Willingham sat in the lounge portion of the premises which is separated from the restaurant. Around 11:00 P.M. Willingham requested a cup of coffee from a waitress; she advised him the kitchen was closed. He then asked her if he could order a full course meal. She replied he could not because the kitchen had closed about one hour earlier.

   
   

3. Willingham then approached the restaurant area and found the front door locked and the lights turned off. He observed two employees in the kitchen area washing dishes but no food being prepared. There were no meals being eaten by customers in the lounge area at that time. The restaurant manager later confirmed the restaurant had closed at 10:00 P.M. that evening. The lounge continued to serve alcoholic beverages until 2:30 A.M. the next morning.

   
   

4. Respondent was cited on December 22, 1977 for the same violation of failing to serve full course meals during the hours the lounge was in operation. It paid a $250 civil penalty for this violation.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction of the subject matter and the parties thereto pursuant to Subsection 120.57(1), Florida Statutes.

   
   

6. Rule 7A-3.15(1), Florida Administrative Code, provides in pertinent part as follows:

   
   

   1. All restaurants holding a special restaurant license, in addition to the quota limitation imposed by Section 561.20(1), Florida Statutes, must discontinue the sale of alcoholic beverages whenever the service of full course meals is discontinued. (Emphasis added)

7. The evidence discloses that Respondent violated the above rule by failing to discontinue the sale of alcoholic beverages when the service of full course meals had ended. In view of its prior violation for the same offense, a three day suspension of its license is appropriate.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of violating Rule 7A-3.15(1),

Florida Administrative Code, and that its special license be suspended for three days.

DONE and RECOMMENDED this 12th day of April, 1983, in Tallahassee, Florida.

DONALD R. ALEXANDER

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 12th day of April, 1983.

COPIES FURNISHED:

James M. Watson, Jr., Esquire Department of Business

Regulation

725 South Bronough Street Tallahassee, Florida 32301

Grapevine Restaurant No. One, Inc. d/b/a Grapevine Restaurant

4320 14th Street West Bradenton, Florida

Howard M. Rasmussen, Director Division of Alcoholic Beverages

and Tobacco

725 South Bronough Street Tallahassee, Florida 32301

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

Docket for Case No: 82-003410

Orders for Case No: 82-003410