STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF BUSINESS AND ) PROFESSIONAL REGULATION DIVISION ) OF ALCOHOLIC BEVERAGES AND TOBACCO )
)
Petitioner )
)
vs. ) CASE NOS. 94-0606
) 94-1348
RIFFY'S INC. d/b/a RIFFY'S PUB )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to written notice a formal hearing was held in this case before Larry J. Sartin a duly designated Hearing Officer of the Division of Administrative Hearings on May 18 1994 in Inverness Florida.
APPEARANCES
For Petitioner: Miguel Oxamendi
Assistant General Counsel Department of Business and
Professional Regulation 725 South Bronough Street
Tallahassee Florida 32399-1007
For Respondent: Stephen C. Booth, Esquire
7510 Ridge Road
Port Richey Florida 34668 STATEMENT OF THE ISSUE
Whether the Respondent's alcoholic beverage license issued by the Petitioner should be disciplined for violations of Florida law alleged in an Emergency Order of Suspension and a Notice to Show Cause of December 15 1993 and a Notice to Show Cause of February 7 1994.
PRELIMINARY STATEMENT
On or about December 15 1993 the Petitioner entered an Emergency Order of Suspension and a Notice to Show Cause charging the Respondent with several violations of Florida law. The Respondent filed a Request for Hearing dated December 18 1993 with the Petitioner contesting the charges against it.
On February 3 1994 the Petitioner filed the Request for Hearing with the Division of Administrative Hearings requesting the assignment of a Hearing Officer to conduct a formal administrative hearing. The matter was designated case number 94-0606 and was assigned to the undersigned.
A final hearing was scheduled for April 14 1994 by Notice of Hearing entered March 8 1994.
On or about February 7 1994 the Petitioner entered a second Notice to Show Cause charging the Respondent with one count of violating Section 562.02 Florida Statutes. On February 14 1994 the Petitioner filed the second Notice to Show Cause to the Division of Administrative Hearings requesting the assignment of a Hearing Officer to conduct a formal administrative hearing. The matter was designated case number 94-1348 and was assigned to the undersigned.
The hearing scheduled for April 14 1994 was continued and the two cases were consolidated by an Order entered April 5 1994. A Second Notice of Hearing was also entered on April 5 1994 scheduling the final hearing for May 18 1994.
At the final hearing the Petitioner presented the testimony of Michael Bays Richard S. Hurlburt Denise Deen and Dean Pescia. Mr. Hurlburt was called as a rebuttal witness. The Petitioner also offered 21 exhibits which were accepted into evidence.
The Respondent presented the testimony of Scott Grant and Kenneth T. Smith.
Charlene Grant was called as a rebuttal witnesses by the Respondent. No exhibits were offered by the Respondent.
Official recognition of Rule 61A-2.022 Florida Administrative Code was taken.
The parties stipulated that the identification of substances relevant to this proceeding by the Florida Department of Law Enforcement were correct. The parties also stipulated to the chain of custody of substances relevant to this proceeding.
Counts 15 and 17 of case number 94-0606 were withdrawn by the Petitioner. No transcript of the final hearing was filed.
The parties agreed to file proposed recommended orders on or before May 31 1994. Both of the parties filed proposed recommended orders. A ruling on each proposed finding of fact contained in the proposed orders filed by the parties has been made either directly or indirectly in this Recommended Order or the proposed finding of fact has been accepted or rejected in the Appendix which is attached hereto.
FINDINGS OF FACT
The Parties.
The Petitioner the Department of Business Regulation and Professional Regulation Division of Alcoholic Beverages and Tobacco (hereinafter referred to as the "Division") is an agency of the State of Florida charged with responsibility for enforcing Chapter 561 Florida Statutes.
The Respondent Riffy's Inc. d/b/a Riffy's Pub (hereinafter referred to as "Riffy's") is a corporation.
Scott Grant possesses an ownership interest in Riffy's.
At all times relevant to this proceeding Riffy's held Florida alcoholic beverage license number 19-00616 series 2-COP (hereinafter referred to as the "License"). The License authorized Riffy's to sell and possess alcoholic beverages beer and wine only on the premises of Riffy's located at 948 S.W. U.S. Highway 41 Inverness Citrus County Florida.
The Division's Investigation of Riffy's.
Between September 15 1993 and December 15 1993 the Division conducted an investigation of possible narcotic laws violations at Riffy's.
Special Agents Michael Bays Richard Hulburt Denise Deen Ashley Murray and Dean Pescia participated in the investigation.
Throughout the investigation the agents involved who had the opportunity to smoke marijuana at Riffy's simulated smoking. No marijuana was ingested so that the agents' perception would not be affected.
On a number of occasions the agents witnessed the smoking of cigarettes which appeared to be marijuana. The conclusion that marijuana may have been smoked was based upon the agents' observation of the manner in which the cigarettes were smoked and the smell of what was being smoked. Unless specifically indicated otherwise in findings of fact made in this Recommended Order the evidence failed to prove that marijuana or cannabis was actually being smoked. The findings concerning those incidents are made only as evidence of whether the owner of Riffy's should have suspected that illegal activities were taking place on or near the licensed premises.
Results of the Division's Investigation.
September 16 1993; Count 1:
Agent Hurlburt entered the licensed premises of Riffy's (hereinafter referred to as the "Premises").
Agent Hurlburt met and spoke with a patron named Neil.
After discussing the consumption of marijuana Agent Hurlburt and Neil left the Premises and went to a vehicle in the parking lot of the Premises. The parking lot was for the use of patrons of Riffy's.
Agent Hurlburt purchased a cigarette suspected of being marijuana from Neil. Analysis of the cigarette revealed that it was cannabis commonly known as marijuana.
Agent Hurlburt simulated smoking another suspected marijuana cigarette with three other patrons. A female patron suggested to them that they go around to the side of the Premises to smoke.
The purchase and smoking of the marijuana cigarette took place approximately 15 to 20 feet from the Premises. The evidence failed to prove that Mr. Grant or any employee of Riffy's witnessed these events or that Mr. Grant was at the Premises.
September 30 1993:
Agent Hurlburt returned to the Premises.
Agent Hurlburt observed several patrons leave the Premises and go to the east side of the Premises where the female patron had suggested that Agent Hurlburt go to smoke on September 16 1993. They were then observed smoking a cigarette in a manner consistent with the manner in which marijuana cigarettes are smoked: the "joint" is held near the front end with the thumb and forefinger. The smell of the burning material was also consistent with the smell of marijuana.
There were windows at the east side of the Premises.
Patrons were allowed to smoke cigarettes in the Premises. They were not required to go into the parking lot of Riffy's in order to smoke.
d. The individuals involved returned to the Premises.
October 6 1993; Count 2:
Agent Hurlburt returned to the Premises. He met an employee known as Mike. Mike was later identified as Mike Smith.
Mike was a doorman for Riffy's. He collected entrance fees from patrons.
Agent Hurlburt told Mike that he wished to purchase marijuana. Mike did not indicate that this was not permissible on the Premises. Mike told Agent Hurlburt that he could not get any marijuana that night but that he would have some the next night.
Agent Hurlburt paid Mike for the marijuana that night with the agreement that delivery would be made the next night.
The purchase was made in an open manner. No effort was made to speak softly or to hide the exchange of money.
October 7 1993; Count 2:
Agent Hurlburt returned to the Premises and met with Mike.
Mike directed Agent Hurlburt to the restroom. Mike gave Agent Hurlburt a plastic bag containing 5.5 grams of cannabis.
October 14 1993; Count 3 and 4.
Agent Hurlburt returned to the Premises.
Several patrons were witnessed leaving the Premises during a break by the band playing that night smoking what Agent Hurlburt believed to be marijuana and return to the Premises.
Agent Hurlburt purchased 5.3 grams of cannabis from Mike. The sale took place in the restroom.
Agent Hurlburt also purchased what Mike called "percs". The percs were percocet which were found to contain oxycodone. This transaction also took place in the restroom.
October 22 1993:
Agent Hurlburt returned to the Premises.
Agent Hurlburt attempted to purchase marijuana from Mike but Mike was unable to supply any.
October 28 1993; Count 5:
Agent Hurlburt returned to the Premises and asked Mike if he could purchase marijuana.
Mike sold marijuana to Agent Hurlburt. The money for the marijuana was given openly to Mike inside the Premises. Later Mike gave the marijuana to Agent Hurlburt: Agent Hurlburt was on a concrete slab just outside the front door of the Premises. Mike held the entrance door open and stepped onto the concrete slab where he gave the marijuana to Agent Hurlburt.
The marijuana purchased consisted of 5.5 grams of cannabis.
October 30 1993:
Agent Hurlburt returned and twice simulated smoking marijuana with patrons and "Ron" a member of the band playing at Riffy's that night.
These incidents took place outside the Premises in the parking lot.
November 4 1993; Count 6:
Agent Hurlburt returned and asked Mike to sell him marijuana.
Mike agreed to sell 5.1 grams of cannabis to Agent Hurlburt. This agreement was reached in the Premises. Delivery took place just outside the front door the Premises.
November 17 1993:
Agent Hurlburt returned to the Premises.
Agent Hurlburt attempted to purchase marijuana from an employee of Riffy's known as Crystal. Crystal indicated she was unable to find any that night. Crystal did not indicate that marijuana was not allowed on the Premises.
Agent Hurlburt left the Premises and sat in a car in the parking lot with a patron known as "Keith." The car was parked in the front of the Premises. Agent Hurlburt simulated smoking what he believed to be marijuana based upon its odor and the manner in which Keith smoked the cigarette. The car windows were open.
While in the car with Keith and while the cigarette was burning Mr. Grant and Casey manager of Riffy's walked immediately in front of the car. Casey laughing asked "what are you guys doing." Keith responded "what do you think."
November 18 1993:
Agent Hurlburt returned to the Premises and attempted to buy marijuana from Crystal.
Crystal again told Agent Hurlburt that she could not find any marijuana that night. She again failed to tell Agent Hurlburt that Marijuana could not be purchased at the Premises.
November 19 1993:
Agent Hurlburt returned to the Premises.
Agent Hurlburt observed several patrons smoking what appeared to be marijuana cigarettes in the parking lot of the Premises. They did not attempt to hide what they were doing.
The patrons returned to the Premises after smoking.
November 20 1993:
Agent Hurlburt returned to the Premises.
He again observed patrons smoking what appeared to be marijuana cigarettes outside the Premises in the parking lot. The patrons then returned to the Premises.
Mike approached Agent Hurlburt inside the Premises and asked if he was interested in purchasing marijuana. Mike was not able however to provide marijuana that night.
November 24 1993; Count 7:
Agent Deen and Agent Murray went to the Premises together.
The agents met Kenny Smith an employee of Riffy's. Kenny worked in the kitchen.
Kenny took the agents out of the kitchen through a door to the back of the Premises to smoke what appeared to be and Kenny identified as a marijuana cigarette. The agents simulated smoking the cigarette with Kenny.
Kenny also sold a 6.2 grams of cannabis to Agents Deen and Murray. The sale took place outside in the back of the Premises near the kitchen door.
c. Mr. Grant was on the Premises when this transaction took place.
November 24 1993; Counts 8 and 9:
Agent Hurlburt returned to the Premises.
Agent Hurlburt asked Mike about purchasing marijuana. Mike agreed. This conversation took place in the Premises. Mike delivered the marijuana just outside the Premises at the front door. Agent Hurlburt was sold 6.5 grams of cannabis.
Agent Hurlburt also simulated smoking marijuana with other patrons outside the Premises in the rear near the kitchen door.
Agent Hurlburt also purchased 5.4 grams of cannabis from a patron named "Dave." This sale took place outside the Premises.
Mr. Grant was on the Premises when these events took place.
December 1 1993; Count 10:
Agent Hurlburt returned to the Premises.
Agent Hurlburt purchased 7.1 grams of cannabis from Mike. The sale took place inside the Premises at the front door.
Mr. Grant was on the Premises when the sale took place.
December 2 1993; Count 11:
Agent Deen and Murray returned to the Premises.
The agents were introduced by Kenny to Mr. Grant in the kitchen of the Premises.
Inside the Premises Kenny gave Agent Deen what he described as a marijuana cigarette. Kenny smoked the cigarette and Agent Deen simulated smoking it just outside the kitchen door.
Kenny sold 3.9 grams of cannabis to the agents outside the kitchen door.
December 3 1993:
Agent Deen and Agent Murray returned to the Premises.
The agents simulated smoking a marijuana cigarette with Kenny outside the kitchen door. The cigarette contained .1 grams of cannabis.
Casey opened the kitchen door while they were smoking the marijuana and told Kenny to come inside.
December 4 1993; Count 12:
Agent Deen and Agent Murray returned to the Premises.
Kenny told the agent to wait for him outside the kitchen door where they simulated smoking what they believed to be a marijuana cigarette.
While simulating smoking the cigarette Mr. Grant was at his truck approximately 15 feet away. Mr. Grant was speaking on a mobile telephone. The agents and Kenny were in plain view of Mr. Grant.
The agents also purchased 2.4 grams of cannabis from Kenny at the same location.
December 9 1993; Count 13:
Agent Deen and Agent Murray returned to the Premises.
Kenny sold and delivered 2.4 grams of cannabis to the agents in a room used by the bands that played at Riffy's. The room is part of the Premises.
The agents also simulated smoking what they believed was marijuana with Kenny and a band member outside the kitchen door.
Mr. Grant was only a few feet away when the agents were simulating smoking. Mr. Grant who admitted he is familiar with the smell of marijuana was close enough to smell what was being smoked and did not make any inquiry as to what the patrons were doing.
December 2 and 9 1993:
a. Agent Hurlburt returned to the Premises on these dates.
30b. Agent Hurlburt observed patrons exist the Premises smoke what appeared to be marijuana in the parking lot and return to the Premises. Mr. Grant was outside the Premises on December 2 1993 when patrons were smoking outside.
December 10 1993; Count 14:
Agent Hurlburt returned to the Premises.
Mr. Grant was present at the Premises.
Agent Hurlburt told Mr. Grant that he had purchased marijuana "here." Agent Hurlburt did not specify whether "here" meant the Premises Inverness or somewhere else. Mr. Grant however did not ask Agent Hurlburt whether he meant the Premises.
Agent Hurlburt then asked Mr. Grant if he knew where he could purchase some sensemilla a type of marijuana. Mr. Grant indicated that he did not known where. Mr. Grant did not indicate that he did not allow the purchase or use of narcotics on the Premises.
Agent Hurlburt also purchased 6.5 grams of cannabis from Mike that evening. The money was given to Mike inside the Premises and Mike gave Agent Hurlburt the marijuana inside the Premises.
December 15 1993:
The Division served a Search Warrant Notice to Show Cause and Emergency Order of Suspension on Riffy's.
Agent Deen arrested Kenny and confiscated a bag of marijuana from Kenny. The bag contained 2.4 grams of cannabis.
A bottle of Jim Bean whiskey was found in a room on the premises used by bands.
All of the uses sales and delivery of marijuana described in the foregoing findings of fact took place in a relatively open manner and little effort was taken to disguise or conceal any illegal activity.
Riffy's Efforts to Prevent Violations of Law.
Mr. Grant testified that he instructed employees to not to engage in drug activities. One employee substantiated this testimony but that employee was Kenny one of the individuals involved in illegal activities on and near the Premises.
Mr. Grant's and Kenny's testimony concerning efforts to prevent illegal activities on the Premises is rejected.
There was not other evidence of efforts by the owners of Riffy's to insure that illegal activities did not take place on the Premises.
In light of the open use of what appeared to be and smelled like marijuana in the parking lot of the Premises Mr. Grant should have taken some steps to prevent illegal narcotics activities on the Premises described in this Recommended Order. This is especially true based upon Mr. Grant's admission during the hearing of this matter that he smelled what he believed to be marijuana smoke "on the way to the dumpster."
CONCLUSIONS OF LAW
Jurisdiction.
The Division of Administrative Hearings has jurisdiction of the parties to and the subject matter of this proceeding. Section 120.57(1) Florida Statutes (1993).
Burden of Proof.
The burden of proof absent a statutory directive to the contrary is on the party asserting the affirmative of the issue of the proceeding. Antel v. Department of Professional Regulation 522 So.2d 1056 (Fla. 5th DCA 1988); Department of Transportation v. J.W.C. Co. Inc. 396 So.2d 778 (Fla. 1st DCA 1981); and Balino v. Department of Health and Rehabilitative Services 348 So.2d
249 (Fla. 1st DCA 1977).
In this proceeding it is Division that is asserting the affirmative in these cases. The Division therefore had the burden of proving by clear and convincing proof that Riffy's committed the offense it has been charged with in this proceeding.
The Charges Against Riffy's.
The Division has charged Riffy's with violating Section 893.13(1)(a) Florida Statutes within Section 561.29(1)(a) Florida Statutes as a result of the allegations of fact contained in Counts 1-14.
Section 561.29(1)(a) Florida Statutes authorizes the Division to revoke or suspend a beverage license if a licensee or his or her agents officers servants or employees violate any laws of Florida or the United States on the licensed premises.
Section 893.13(1)(a) Florida Statutes makes it "unlawful for any person to sell manufacture or deliver or posses with intent to sell manufacturer or deliver a controlled substance."
Cannabis commonly referred to as marijuana is a controlled substance.
Oxycodone is a controlled substance.
In Count 16 the Division charged Riffy's through its agents servants or employees with unlawfully keeping or maintaining "a place to wit: your licensed premises which building or place was used for the illegal keeping selling or delivering of substances controlled under Chapter 893.03 F.S. to wit: marijuana percocet and carbotol in violation of Sections 823.10 and 893.13(2)(a)(5) within Section 561.29(1)(a) F.S."
Section 893.13(2)(a)5 Florida Statutes makes it unlawful for any person to:
keep or maintain any store shop . . . building . . . or other structure or place which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substance or which is used for keeping or selling them in violation of this chapter.
Section 823.10 Florida Statutes provides:
Any store shop . . . building . . . or any place whatever which is visited by persons for the purpose of unlawfully using any substance controlled under chapter 893 or any drugs as described in chapter 499 or which is used for the illegal keeping selling or delivering of
the same shall be deemed a public nuisance. No person shall keep or maintain such public nuisance or aid and abet another in keeping or maintaining such public nuisance.
Counts 15 and 17 have been dropped by the Division.
In case number 94-1348 the Division charged with Riffy's with violating Section 562.02 Florida Statutes within Section 561.29(1)(a) Florida Statutes.
Section 562.02 Florida Statutes makes it unlawful for a licensee to:
. . . have in his possession or permit anyone else to have in his possession at or in the place of business or such licensee alcoholic beverages not authorized by law to be sold by such licensee.
Laws Violated On the Premises.
Although there were numerous violations of Chapter 893 Florida Statutes proved to have occurred during the investigation conducted by the Division not all of those violations took place on the Premises.
The events described in Counts 2 3 4 10 11 13 and 14 were proved to have taken place on the Premises. All of these counts also involved employees of Riffy's who sold and delivered a controlled substance inside the Premises.
The events described in Counts 5 and 6 involved the sale of marijuana on the Premises and the delivery of the marijuana on the concrete slab of the front door to the Premises. The delivery described in these counts is concluded to take place "on the Premises." Additionally the events described in Counts 5
6 and 8 involved the sale of marijuana on the Premises even though delivery took place outside. See State v. Mena 471 So.2d 1297 (Fla. 3d DCA 1985). Counts 5 6 and 9 therefore,
Only the events described in Counts 1 7 9 and 12 did not take place on the Premises. Therefore these events have not been considered in determining whether Riffy's or its agents officers servants or employees violated any laws of Florida on the Premises.
Riffy's has suggested that Count 4 was not proved by the Division because Count 4 only referred to Percocet as being a controlled substance and did not mention oxycodone. Percocet is not a controlled substance while oxycodone is. Riffy's argument has been rejected.
Riffy's Responsibility for the Violations.
Licensees are not absolute insurers against all violations of the law committed by patrons and employees which take place on the licensed premises. Licensees are however required to exercise reasonable care or diligence in supervising or maintaining surveillance over the licensed premises. If violations which are flagrant persistent and recurring the licensee is held culpable. Ganter v. Department of Insurance 620 So.2d 202 (Fla. 1st DCA 1993); Pic N' Save v. Division of Alcoholic Beverages and Tobacco 601 So.2d 245 (fla. 1st DCA 1992); and Jones v. Division of Alcoholic Beverages and Tobacco 448 So.2d 1109 (Fla. 1st DCA 1984).
Clear and convincing evidence was presented in this matter that Riffy's fostered condoned or negligently overlooked the possession and sale of controlled substances cannabis on the Premises.
There were a substantial number of sales and delivery of marijuana which took place on the Premises. Almost all of those sales and deliveries took place in an open manner. No evidence was presented that indicated any effort on the part of Riffy's to prevent such sales.
In those incidents where the marijuana was delivered by Mike just outside the front door of the Premises it can be presumed that the marijuana was in the possession of Mike in the Premises.
Comments concerning the use and sale of marijuana were made by agents to employees and Mr. Grant. None of the employees or Mr. Grant responded that the use or sale of drugs on the Premises would not be allowed.
Mr. Grant an owner and officer of Riffy's was at the Premises when several transactions took place. Mr. Grant was also in a position to observe the use of marijuana around the Premises but did nothing.
Although Mr. Grant was not charged with the incidents in the parking area and the incidents where patrons appeared to be smoking marijuana by it was
not proven conclusively that marijuana was used those incidents do lead to a reasonable inference that Riffy's condoned and facilitated the sale delivery and possession of controlled substances on the Premises. Those incidents were an indication a "red flag" that something illegal may have been going on in the parking lot of Riffy's and consequently on the Premises. Despite these warnings Mr. Grant has suggested that he did not have actual knowledge of the illegal activities taking place on the Premises or in the parking lot of Riffy's.
Based upon the warnings of possible and actual illegal activities in the parking lot of Riffy's the number of illegal transactions which took place on the Premises the number of employees involved and the lack of credible proof that any effort was made by Riffy's to insure against illegal activities it is concluded that Riffy's condoned and facilitated the sale delivery and possession of controlled substances on the Premises.
Possession Whisky on the Premises.
Riffy's license permitted the sale of only beer and wine products.
The evidence proved and Riffy's admits that Jim Bean whiskey was located on the Premises in violation of Section 562.02 Florida Statutes.
Counts Proven.
Based upon the foregoing it is concluded that Riffy's is guilty of Counts 2 3 4 5 6 8 10 11 13 14 and 16 of case number 94-0606.
Although the factual incidents described in Counts 1 7 and 12 took place the violation of law alleged in those counts was not proved to have occurred.
The evidence also proved that Riffy's committed the violation alleged in case number 94-1348.
Penalty.
Rule 61A-2.022 Florida Administrative Code contains the Division's penalty guidelines.
The penalty guideline for violations of Chapter 893 Florida Statutes is revocation.
The penalty guideline for a first occurrence possession of alcoholic beverages in violation of Section 562.02 Florida Statutes is a civil penalty of
$1000.00.
Based upon the foregoing Findings of Fact and Conclusions of Law it is RECOMMENDED that the Department of Business and Professional Regulation
Division of Alcoholic Beverages and Tobacco enter a Final Order finding that Riffy's Inc. d/b/a Riffy's Pub is guilty of Counts 2 3 4 5 6 8 10 11 13 14 and
16 of case number 94-0606. It is further
RECOMMENDED that Counts 1 7 12 15 and 17 of case number 94-606 be dismissed. It is further
RECOMMENDED that Riffy's alcoholic beverage license number 19-00616 series 2-COP be revoked. It is further
RECOMMENDED that Riffy's be assessed a $1000.00 civil penalty.
DONE AND ENTERED this 14th day of June 1994 in Tallahassee Florida.
LARRY J. SARTIN
Hearing Officer
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 14th day of June 1994.
APPENDIX
Case Numbers 94-0606 and 94-1348
The parties have submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally accepted and the paragraph number(s) in the Recommended Order where they have been accepted if any. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted.
The Division's Proposed Findings of Fact
Accepted in 4.
Accepted in 5-6 31 and hereby accepted.
Hereby accepted.
Accepted in 7 and 9.
Accepted in 7.
Accepted in 10.
Accepted in 11.
Accepted in 12.
Accepted in 13.
Accepted in 14-15. The events described in the first sentence took place on October 22 1993.
Accepted in 16.
Accepted in 17.
Accepted in 18.
Accepted in 19-21.
Accepted in 23.
Accepted in 8 and hereby accepted.
Accepted in 22.
Accepted in 24.
Accepted in 25.
Accepted in 26.
Accepted in 27.
Accepted in 27.
Accepted in 28.
Accepted in 30.
Accepted in 31.
Accepted in 32.
Riffy's Proposed Findings of Fact
Accepted in 4.
Accepted in 3.
Not supported by the evidence.
Accepted in 24.
Accepted in 11.
Accepted in 24.
The evidence did fail to prove that Mr. Grant had actual knowledge of these events.
Accepted in 22.
Accepted in 28.
See 28.
Accepted in 30.
Accepted in 30.
Not supported by the weight of the evidence.
Statement of law.
Not supported by the weight of the evidence.
Statement of law.
Accepted in 17.
Accepted in 4.
Statement of law.
COPIES FURNISHED:
Miguel Oxamendi
Assistant General Counsel Department of Business and
Professional Regulation 725 South Bronough Street
Tallahassee Florida 32399-1007
Stephen C. Booth Esquire 7510 Ridge Road
Port Richey Florida 34668
Sgt. Homer Scroggin Department of Business and
Professional Regulation 1103 SW 1st Avenue
Ocala Florida 32678-4218
Jack McRay
DBPR Acting General Counsel Northwood Centre
1940 North Monroe Street Tallahassee FL 32399-0792
John J. Harris Acting Director Division of Alcoholic Beverages
and Tobacco Northwood Centre
1940 North Monroe Street Tallahassee FL 32399-0792
NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case
| Issue Date | Proceedings |
|---|---|
| Jul. 25, 1994 | Final Order filed. |
| Jun. 14, 1994 | Recommended Order sent out. CASE CLOSED. Hearing held 5-18-94. |
| May 31, 1994 | (Respondent) Proposed Findings and Recommended Order filed. |
| May 31, 1994 | (Respondent) Proposed Findings and Recommended Order filed. |
| May 31, 1994 | Petitioner`s Proposed Recommended Order; Petitioner`s Exhibit #20 filed. |
| May 18, 1994 | CASE STATUS: Hearing Held. |
| Apr. 05, 1994 | Order Granting Motion to Continue and for Change of Venue, and Order of Consolidation sent out. (Consolidated cases are: 94-0606 & 94-1348) |
| Apr. 05, 1994 | Second Notice of Hearing sent out. (hearing set for 5/18/94; 10:30am; Inverness) |
| Mar. 30, 1994 | (Respondent) Motion to Continue and for Change of Venue w/cover letter filed. |
| Mar. 25, 1994 | (Petitioner) Notice of Dates of Unavailability filed. |
| Mar. 08, 1994 | Notice of Hearing sent out. (hearing set for 4/14/94; at 9:00am; in Tallahassee) |
| Feb. 18, 1994 | CC (Respondent) Request for Hearing filed. |
| Feb. 08, 1994 | Initial Order issued. |
| Feb. 03, 1994 | Agency Referral letter; Request for Hearing; Notice to Show Cause filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Jul. 01, 1994 | Agency Final Order | |
| Jun. 14, 1994 | Recommended Order | Petitioner proved respondent allowed sales of controlled substances on licensed premises. |
