STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) BUSINESS REGULATION, DIVISION OF ) BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1727

) DOB CASE NO. 3-75-47A G & B OF JACKSONVILLE, INC., )

d/b/a/ The Climax, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Chris H. Bentley, held an administrative hearing in this cause on February 11, 1976, in Jacksonville, Florida.

APPEARANCES

For Petitioner: J. Riley Davis, Esquire

Staff Attorney

Department of Business Regulation For Respondent: Harry Katz, Esquire

The Petitioner seeks to assess a civil penalty against, or to suspend or revoke Beverage License No. 26-780,4-COP, held by the Respondent, on the grounds that the Respondent did unlawfully employ a person under the age of 18 years in violation of Section 562.13, Florida Statutes.

FINDINGS OF FACT

1. In April, 1975, Terri Lynn Beard, also known as Terri Lynn Armstrong Beard Francis, did apply for a job as a bartender or cocktail waitress with the Respondent.

2. The application stated that Terri Lynn Beard was born on August 23, 1955, and was 19 years old at the time of the application.

   
   

3. Terri Lynn Beard was, in fact, hired by the Respondent and employed in the establishment known as The Climax.

   
   

4. At the time of her employment by the Respondent, Terri Lynn Beard, was 16 years of age.

   
   

5. At the time of her employment Terri Lynn Beard was not asked for any identification with regard to her age.

   
   

6. Notice, as required by law, has been given in this cause to the Respondent.

   
   

7. The Respondent is the holder of Beverage License No. 26- 780,4-COP.

   
   

   CONCLUSIONS OF LAW

   
   

8. The employment of Terri Lynn Beard while she was only 16 years of age was a violation of Section 562.13, Florida Statutes, which declares it to be "unlawful for any vendor licensed under the beverage law to employ any person under 18 years of age.

   
   

9. Respondent failed to exercise that degree of diligence imposed upon it as a licensee to determine the correct age of the prospective employee before entering into an employment contract with her. R & R Lounge, Inc. v. Wynne, 286 So.2d 13 (First District, 1973).

   
   

10. Subsection 561.29(4), Florida Statutes, states that the Division of Beverage may impose a civil penalty against a licensee for any violation mentioned in the beverage law, not to exceed

$1,000 for violations arising out of a single transaction. Violation of Section 562.13, Florida Statutes, by the Respondent, as a licensee, is a violation mentioned in the beverage law.

RECOMMENDED ORDER

Having considered the findings of fact and conclusions of law set forth above, and noting the Respondent did employ a girl, 16 years of age, in violation of the beverage law, it is therefore, recommended, that a civil penalty, in the amount of $500 be assessed against the Respondent.

ENTERED this 26th day of April, 1976, in Tallahassee, Florida.

CHRIS H. BENTLEY

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

J. Riley Davis, Esquire Department of Business Regulation Division of Beverage

Johns Building

Tallahassee, Florida 32304

Harry Katz, Esquire

337 E. Forsyth Street Jacksonville, Florida 32202 Attorney for Respondent

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AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA DEPARTMENT OF BUSINESS REGULATION

DIVISIONS OF BEVERAGE TALLAHASSEE, FLORIDA

DIVISION OF BEVERAGE,

Petitioner,

vs. DOAH CASE NO. 75-1727

DOB CASE NO. 3-75-47A

G & B OF JACKSONVILLE, INC.,

d/b/a The Climax,

Respondent.

/

ORDER

The Director, having received the Hearing Officer's Findings of Fact, Conclusions of Law and Recommended Order, and having heard argument from both counsel in this matter and being otherwise fully advised in the matter, hereby enters his Order as follows:

1. The Director having reviewed the Findings of Fact of the Hearing Officer, hereby concurs with, accepts and adopts these Findings of Facts as his own. A copy of those Findings of Fact are attached hereto and made a part hereof.

   
   

2. The Director having reviewed the Conclusions of Law of the Hearing Officer, hereby concurs with, accepts and adopts those Conclusions of Law as his own. A copy of those Conclusions of Law are attached hereto and made a part hereof.

It is therefore upon consideration ORDERED that:

1. A civil penalty in the amount of $500 be assessed against the Respondent.

DONE AND ORDERED this 27th day of September, 1976 in Tallahassee, Florida.

CHARLES A. NUZUM, Director Division of Beverage

725 South Bronough

Tallahassee, Florida 32304

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Order has been furnished to Harry Katz, Jr., Esquire, 337 East Forsyth Street, Jacksonville, Florida by U.S. Mail this 27th day of September, 1976.

CHARLES A. NUZUM

Docket for Case No: 75-001727

Orders for Case No: 75-001727