STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DIVISION OF ) BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1759

) BOSSIE MAE AND WILLIE MAE BROWDY ) t/a BROWDY'S MINI MARKET, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, Hearing Officer with the Division of Administrative Hearings on October 20, 1976 at the District Office of the State of Florida, Division of Beverage, located at 1300 West Lee Road, Orlando, Florida.

APPEARANCES

For Petitioner: Charles Curtis, Esquire

Division of Beverage The Johns Building

Tallahassee, Florida 32304

For Respondent: Carl Thompson, Esquire

25 South Magnolia Avenue Orlando, Florida 32801

ISSUES

1. Whether or not on or about October 31, 1975, the Respondents, Bossie Mae and Willie Mae Browdy, licensed under the beverage laws as a package store, and/or their agent, servant or employee, to wit: Bossie Mae Browdy did allow or permit the consumption of alcoholic beverages on their licensed premises, contrary to Rule 7A-3.05, Florida Administrative Code.

   
   

2. Whether or not on or about November 1, 1975, the Respondents, Bossie Mae and Willie Mae Browdy, licensed under the beverage laws as Browdy's Mini Market with a 2-APS license to wit: Bossie Mae Browdy did allow gambling (card) on the licensed premises, contrary to Section 849.08, Florida Statutes and in violation of Section 561.29, Florida Statutes.

FINDINGS OF FACT

1. At present, and on October 31, 1975 and November 1, 1975, the Respondents, Bossie Mae and Willie Mae Browdy are and were the holders of a beverage license with the State of Florida, Division of Beverage number 69-299, 2-APS.

2. On October 31, 1975, Eugene Fogel, a Division of Beverage enforcement officer entered the premises licensed by the State of Florida, Division of Beverage, which was operated by the Respondents at Avenue B on Chuluota Road, Oviedo, Florida. While in the store he observed an unknown black female consuming a beverage which was marked Millers High-Life. This consumption was taking place in the presence of the Respondent, Bossie Mae Browdy, and in the course of the consumption a conversation was taking place between the unknown black female and Bossie Mae Browdy. The bottle which Officer Fogel observed was marked with identifying information which the officer based upon his experience, felt indicated that it contained an alcoholic beverage.

   
   

3. On November 1, 1975, officer Fogel returned to the licensed premises of the Respondents and entered into a card game in a porch like area which is immediately at the front of the store and connected to the store. This card game was between Fogel and several black males who were participating in a card game when he approached. The game took place over 45 minutes and money was exchanged at 25 cents a game for the winner, for a total amount of approximately

   $2.00. During the course of the game, Bossie Mae Browdy came to the door and looked out at the card game being played.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction to consider the case at issue.

   
   

5. It is concluded as a matter of law that the Petitioner has failed to establish that the Respondent, Bossie Mae Browdy, on October 31, 1975 did allow or permit the consumption of alcoholic beverages on her licensed premises contrary to Rule 7A-3.05, Florida Administrative Code. That Rule requires that "all sales must be made in sealed containers for consumption off premises." Rule 7A-3.05, Florida Administrative Code. It was not shown that such a sale was made on the licensed premises and that consumption was made on those premises.

   
   

6. It is concluded as a matter of law that on or about November 1, 1975, Bossie Mae Browdy, the Respondent, did allow or permit gambling on her licensed premises, to wit: the playing of cards for money, which is contrary to Section 849.08, Florida Statutes, and thereby violated Section 561.29, Florida Statutes, and is subject to the penalties contained in said latter section.

RECOMMENDATION

It is recommended that the Respondents, Bossie Mae and Willie Mae Browdy, be fined in the amount of $100 for the offense as established through this administrative complaint.

DONE and ENTERED this 24th day of November, 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 Curtis, Esquire Division of Beverage The Johns Building

Tallahassee, Florida 32304

Carl Thompson, Esquire

25 South Magnolia Avenue Orlando, Florida 32801

Docket for Case No: 76-001759

Orders for Case No: 76-001759