STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIVISION OF BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-476

) DOB CASE NO. 6-75-70A THE SOUTHLAND CORPORATION, t/a )

7-Eleven Food Store No. 10259, )

)

Respondent. )

)

RECOMMENDED ORDER APPEARANCES

For Petitioner: Willian A. Hatch, Esquire

Staff Attorney

Department of Business Regulation The Johns Building

Tallahassee, Florida 32304

For Respondent: Ron Garris

5544 Central Avenue

St. Petersburg, Florida 33707

This cause came before the undersigned Hearing Officer on a Notice to Show Cause issued by the Petitioner, Division of Beverage, charging that the Respondent corporation on the 30th day of May, 1975, did unlawfully sell an alcoholic beverage, to-wit: beer, to a person under the age of 17 named Robert

M. Loughhead contrary to Florida Statute 562.11(1).

The evidence at this hearing clearly revealed that Beverage Officer William

P. Fisher on the 30th day of May, 1975, observed two white males of youthful appearance enter the 7-Eleven Food Store at 2000 62nd Avenue North, St. Petersburg, Florida and purchase one six-pack of Busch Beer and two quart bottles of Busch Beer. The agent observed the transaction take place at the cash register, saw no identification shown. After the youths had left the store they were confronted by Agent Fisher and admitted to be 17 years old. Neither youth had identification cards.

Robert Loughhead also testified that on May 30, 1975, he purchased beer from the above 7-Eleven Food Store. He stated that at that time he was 17 years of age and that no identification was requested by the vendor. Mr. Loughhead also stated that he had purchased beer from this establishment several times previously. He stated he had worked as a service station attendant in the service station adjacent to this 7-Eleven market. He thought perhaps the vendor did recognize him as being employed in the neighboring service station when he had made these purchases.

The Respondent corporation was not represented by Counsel. The vendor, Glenn Nicholson, after having been duly sworn, submitted a written statement which he stated was the truth of the events on the evening in question. That statement was introduced as Respondent's Exhibit No. 1. According to Mr.

Nicholson, Robert Loughhead had come into the store several times and he had previously checked his I.D., a draft card.

From the above it is clear the Respondent corporation did sell an alcoholic beverage to an underage person as charged, however, the circumstances under which this sale took place does not appear to be aggravated and it is therefore recommended the corporation be assessed a civil penalty of $100.00 and issued a letter of reprimand.

DONE and ORDERED this 3rd day of May, 1976, in Tallahassee, Florida.

KENNETH G. OERTEL, Director

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

(904) 488-9675

COPIES FURNISHED:

William A. Hatch, Esquire Staff Attorney

Department of Business Regulation The Johns Building

Tallahassee, Florida 32304

Ron Garris

5544 Central Avenue

St. Petersburg, Florida 33707

Docket for Case No: 76-000476

Orders for Case No: 76-000476