STATE OF FLORIDA OT Mp 22 Py STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES CASENO. GA72-000976 AND TOBACCO, LIC. NO. 72-00015 Series 8COP titi > F Petitioner, Oia] vs. , DAVID HOLTON AND DIANE HOLTON d/b/a PERRY PACKAGE STORE & LOUNGE Respondents. / —_— ADMINISTRATIVE COMPLAINT Petitioner, the State of Florida, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, files this Administrative Action against Respondents, David Holton and Diane Holton d/b/a Perry Package Store & Lounge, and alleges: , 1, Petitioner is the state agency charged with supervising and regulating businesses and individuals licensed pursuant to Chapters 561 through 568, Fla. Stat. (2000) (the “Florida Beverage Law”). 2. Respondents are, and have been at all times material, the holders of valid license number 72-00015 Series 8 Consumption on Premises, issued in the State of Florida by Petitioner. 3. Respondents’ last known address of record is 210 South Byron Butler Parkway, Perry, Florida 32347. Petitioner has not been notified of any other designated person or address for service of process and notices authorized by Fla. Admin. Code R. 61A-2.012. 4, Respondents are owners and/or officers of a business operating as the Perry Package Store & Lounge (the-“Perry Package Store”), located at the address set forth in paragraph 3 above. The Perry Package Store consists of, among other things, a package store, main bar with seating area, drive-up window, and separate back room with seating area. The Perry Package Store also contains two jukeboxes -- one in the main bar and one in the separate back room -- and one or more pool tables used for purposes of exhibition and/or entertainment. 5. On February 3, 2001, Mr. Talmadge Branch, an African-American male over the age of twenty-one years, entered the Perry Package Store. 6. Mr. Branch approached the bartender, Patricia Hughes, employed by Respondents at the main bar inside the Perry Package Store, and offered to purchase an alcoholic beverage. Ms. Hughes refused Mr. Branch’s request for service at the main bar on the basis of his race and/or color. 7. Respondents have had a long-standing custom of refusing service to African- American patrons in the main bar area of the Perry Package Store and will frequently only provide service to said patrons in a back room of the premises. 8. Respondents entered into agreements with — and directed — one or more of their agents, servants and employees to carry out Respondents’ directions to refuse service to African- American patrons in the main bar area on the basis of their race and/or color. 9. Respondents intended that the aforesaid discriminatory refusal policy be carried out at the Perry Package Store. 10. Respondents knowingly and intentionally implemented the discriminatory refusal policy, through their own actions and the actions of one or more of their agents, servants, and employees. 11, Respondents’ refusal of service to patrons in the main bar of the Perry Package Store on the basis of their race and/or color, and Respondents’ long-standing policy of discrimination is 2 immoral, unethical, unfair, oppressive, and repugnant to the established public policy of the State of Florida. COUNT I (Refusal of Service on the Basis of Race and/or Color — Violation of Section 562.51, Fla. Stat. (2000)) 12, Petitioner realleges and incorporates by reference Paragraphs 1 through 11 above. 13. Section 562.51, Fla. Stat. (2000), provides: A licensed retail alcoholic establishment open to the public is a private enterprise and may refuse service to any person who is objectionable or undesirable to the licensee, but such refusal of service shall not be on the basis of race, creed, color, religion, sex, national origin, marital status, or physical handicap. 14, Based on the foregoing, Respondents violated Section 562.51, Fla. Stat. (2000), by refusing service on the basis of race and/or color. COUNTY (Conspiracy to Violate the Florida Beverage Law — Violation of Section 562.23, Fla. Stat. (2000)) 15. Petitioner realleges and incorporates by reference Paragraphs 1 through 11 above. 16. Section 562.23, Fla. Stat. (2000), provides in part: If two or more persons shall conspire to do any act which is in violation of any of the provisions of the Beverage Law, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy, if the act so conspired to be done would be a misdemeanor under the provisions of the Beverage Law, shall be guilty of a misdemeanor of the second degree.... 17. Based on the foregoing, Respondents violated Section 562.23, Fla. Stat. (2000), by conspiring with one or more others to violate the provisions of the Florida Beverage Law. More specifically, Respondents conspired with one or more of their agents, servants, and employees to refuse service to African-American patrons of the Perry Package Store in the main bar area on the basis of race and/or color. COUNT Ill (Florida Civil Rights Act of 1992 -- Violation of Section 561.29, Fla. Stat. (2000), by and through Sections 760.01 and 760.07, Fla. Stat. (2000)) 18. _ Petitioner realleges and incorporates by reference Paragraphs 1 through 11 above. 19. The Perry Package Store is a place of public accommodation and is a place of exhibition and/or entertainment and contains devices for these purposes, including but not limited to two jukeboxes and one or more pool tables. 20. Section 760.01, Fla. Stat. (2000), provides in part: The general purposes of the Florida Civil Rights Act of 1992 are to secure for all _ individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status and thereby to protect their interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state. 21. The actions and discriminatory refusal policy of Respondents and their agent(s), servant(s), and employee(s) constitute unlawful discrimination, segregation, or impairment based on race and/or color pursuant to Sections 760.01 and 760.07, Fla. Stat. (2000) (“Florida Civil Rights Act of 1992”). 22. Based on the foregoing, Respondents violated Section 561.29, Fla. Stat. (2000), by violating any laws of this state or of the United States. COUNT IV (Deceptive and Unfair Trade Practices -- Violation of Section 561.29, Fla. Stat. (2000), by and ve through Section 501.204, Fla. Stat. (2000)) 23. Petitioner realleges and incorporates by reference Paragraphs 1 through 11 above. 24. Section 501.204, Fla. Stat. (2000), provides: Unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. 25. The actions and discriminatory refusal policy of Respondents and their agent(s), servant(s), and employee(s) constitute deceptive and unfair trade practices pursuant to Section 501.204, Fla. Stat. (2000). 26. Based on the foregoing, Respondents violated Section 561.29, Fla. Stat. (2000), by violating any laws of this state or of the United States. COUNT V (1991 Civil Rights Act — Equal Rights Under the Law — Violation of Section 561.29, Fla. Stat. (2000), by and through 42 U.S.C. Section 1981 (2000)) 27. 28. Petitioner realleges and incorporates by reference Paragraphs 1 through 11 above. Section 1981 of the 1991 Civil Rights Act provides: (a) Statement of equal rights. All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. (b) "Make and enforce contracts" defined. For purposes of this section, the term "make and enforce contracts" includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) Protection against impairment. The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law. 29. After entering the Perry Package Store, Mr. Branch attempted to make and enforce a contract for the purcliase of an alcoholic beverage. Mr. Branch’s attempt to make and enforce the contract was frustrated by Respondents’ discriminatory refusal policy and by the acts of Respondents’ agent(s), servant(s), and/or employee(s) on the basis of Mr. Branch’s race and/or color. 30. The actions and discriminatory refusal policy of Respondents and their agent(s), servant(s) and employee(s) constitute unlawful discrimination, segregation or impairment based on 5 race and/or color pursuant to the 1991 Civil Rights Act, 42 USC. Section 1981 et seg. (2000). 31. Based on the foregoing, Respondents violated Section 561.29, Fla. Stat. (2000), by violating any laws of this state or of the United States. COUNT VI (1964 Civil Rights Act — Discrimination or Segregation in Places of Public Accommodation -- Violation of Section 561.29, Fla. Stat. (2000), by and through 42 U.S.C. Section 2000a et seg. (2000)) 32. Petitioner realleges and incorporates by reference Paragraphs 1 through 11 above. 33. The Perry Package Store is a place of public accommodation pursuant to 42 U.S.C Section 2000a(b)(3) (2000) inasmuch as it is a place of exhibition and/or entertainment and contains devices for these purposes, including but not limited to two jukeboxes and one or more pool tables. 34. The actions and discriminatory refusal policy of Respondents and their agent(s), servant(s) and employee(s) constitute unlawful discrimination, segregation or impairment based on race and/or color pursuant to the 1964 Civil Rights Act, 42 U.S.C. Section 2000a et seg., (2000). 35. Based on the foregoing, Respondents violated Section 561.29, Fla. Stat. (2000), by violating any laws of this state or of the United States. WHEREFORE, Petitioner,respectfully requests that the Division of Alcoholic Beverages and Tobacco enter an Order revoking Respondents’ license, imposing an administrative fine, assessing costs and fees associated with investigation and prosecution, and imposing any or all additional penalties and/or other relief that the Division of Alcoholic Beverages and Tobacco deems just and ct proper. Signed this__1% dayot__ Fe 2001. Division of Alcoholic Beverages and Tobacco Attorneys for Petitioner HARDY L. ROBERTS, II, General Counsel Florida Bar No. 0062545 JOHN J. MATTHEWS, Assistant General Counsel Florida Bar No. 0100129 . ; Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street Tallahassee, Florida 32399 Phone: (850) 487-4526 Facsimile: (850) 414-6749

Docket for Case No: 01-001137