STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DIVISION OF BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1202

) DOB CASE NO. 3-76-54A BOBBIE P. MILES d/b/a D. J.'s )

LOUNGE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held before Charles C. Adams, Hearing Officer with the Division of Administrative Hearings, on July 28. 1976, at 1934 Beachway Road, Jacksonville, Florida.

APPEARANCES

For Petitioner: Charles F. Tunnicliff, Esquire

Division of Beverage 725 Bronough Street The Johns Building

Tallahassee, Florida 32304

For Respondent: Bobbie P. Miles, pro se

6644 Arlington Road

Jacksonville, Florida 32211 ISSUES

1. Whether or not on or about the 14th day of April, 1976, the Respondent, Bobbie P. Miles, a licensed vendor, and/or his servant or employee, to wit: Donna Moody, did permit and/or allow a person, Darlene Ruth Ursry, under the age of 18, to consume alcoholic beverages on his licensed premises, contrary to Chapter 562.11(1), Florida Statutes.

   
   

2. Whether or not on or about the 14th day of April, 1976, the Respondent, Bobbie P. Miles, licensed under the beverage laws, did employ on his licensed premises a person, to wit: Darlene Ruth Ursry, under the age of 18 years, contrary to Chapter 562.13, Florida Statutes.

FINDINGS OF FACT

1. From October 1, 1975, up to and including April 14, 1976, the Respondent, Bobbie P. Miles, d/b/a D. J. `s Lounge, held State of Florida Alcoholic Beverage License No. 26-91, Series 2-COP, for operation at a premises of 6644 Arlington Road, Jacksonville, Florida. A copy of this license is found in Composite Exhibit No. 1, admitted into evidence.

2. Sometime in the beginning of April, 1976, Detective Claude Locke with the Jacksonville Sheriff's Office, received information from an informant that a minor female was selling alcoholic beverages in D. J.`s Lounge. This minor female was identified as being 5 foot 7 inches tall with reddish blonde hair. Locke went to D. J.`s Lounge and was served a beer by a woman fitting that description. No other employee in the bar was serving alcoholic beverages while he was there for 45 minutes. Subsequent to his investigation of the bar, Officer Locke contacted the State of Florida, Division of Beverage, about his activities.

   
   

3. Officers B. W. Rowe and K. A. Boyd of the Division of Beverage acting on Officer Locke's report went to D. J.`s Lounge on April 14, 1976. The officers took a seat at the bar and a white female who was playing the pinball machine went to the bar and served them alcoholic beverages by serving the beverage and taking the money and returning the change from the purchase. This person who served them had reddish blond hair and was later identified in the course of the hearing as being one Darlene Usury. After Darlene Usury served the beer to the officers she went behind the bar and poured herself a beer and began to drink that beer. Her glass of alcoholic beverage was checked by the officers on the basis of their expertise and found to be an alcoholic beverage, and is offered into evidence as Petitioner's Exhibit 3, admitted. The alcoholic beverage served them was also tasted, based upon their expertise and found to be an alcoholic beverage.

   
   

4. There was another woman working at the bar on April 14, 1976. This woman was Donna Moody. Ms. Moody indicated that Usury was not employed in the bar and that she had never checked her identification because the owner of the bar, Bobbie P. Miles, had allowed Darlene Usury to drink on other occasions. Later in the evening of April 14, 1976, the owner and Respondent, Bobbie P. Miles, came to the bar and indicated that he had met Darlene Usury at another establishment which he was operating and had been shown an identification. This identification was a Pennsylvania license issued to Debra Yanni, and this identification showed Darlene R. Usury to be more than 18 years of age on April 14, 1976. The identification card is Petitioner's Exhibit No. 2 admitted into evidence. The identification card does not have a photograph. The identification card was initially shown to Bobbie P. Miles at the Jubille Bar a year or more before April 14, 1976. Darlene R. Usury was in fact 17 years old on April 14, 1976, at the time she served the alcoholic beverages to the beverage officers and consumed an alcoholic beverage.

   
   

5. Darlene Usury explained that her action of serving the beer to the beverage officers was an isolated incident and she only did it to help out Donna Moody, the person in charge of the bar on that night. Bobbie P. Miles said that Darlene R. Usury was not employed on that night or on any other night. Although Darlene R. Usury had served the alcoholic beverages to Officers Rowe and Boyd, Donna Moody was also working behind the bar at that time.

   
   

6. Officer Locke was unable to identify Darlene R. Usury as the woman who had served him alcoholic beverages on the prior occasion in April, 1976.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction in this case.

   
   

8. It is concluded as a matter of law that on or about April 14, 1976, the Respondent, Bobbie P. Miles, licensed vendor, and/or his servant or employee, to wit: Donna Moody, did permit and/or allow a person, Darlene Usury, under the

   age of 18, to consume alcoholic beverages on his licensed premises, contrary to Chapter 562.11(1), Florida Statutes, and therefore subjected the licensee to penalties associated with the applicable Florida Statutes.

   
   

9. It is concluded as a matter of law that the Petitioner has failed to prove that on or about April 14, 1976, the Respondent, Bobbie P. Miles, licensed under the beverage laws, did employ on his licensed premises, a person, to wit: Darlene Ruth Usury, under the age of 18 years, contrary to Chapter 562.13, Florida Statutes.

RECOMMENDATION

It is RECOMMENDED that the licensee, Bobbie P. Miles, be fined in the amount of $150.00 for the violation as established by the Administrative Complaint.

DONE and ENTERED this 1st day of August, 1976, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Charles F. Tunnicliff, Esquire Division of Beverage

725 Bronough Street The Johns Building

Tallahassee, Florida 32304

Bobbie P. Miles pro se 6644 Arlington Road Jacksonville, Florida

Docket for Case No: 76-001202

Orders for Case No: 76-001202