STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA )

DIVISION OF BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1926

)

MARY LENER ARNOLD )

t/a BUGGS' DRIVE INN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held before Charles C. Adams, Hearing Officer with the Division of Administrative Hearings on November 18, 1976, at District Headquarters of the State of Florida, Division of Beverage, Tallahassee, Florida, 725 Bronough Street.

APPEARANCES

For Petitioner: Larry D. Winson, Esquire

Staff Attorney Division of Beverage 725 Bronough Street

Tallahassee, Florida 32304

For Respondent: Mary Lener Arnold

t/a Buggs' Drive Inn Main Street Greenville, Florida

ISSUE

Whether or not on or about the 14th day of May, 1976, Mary Lener Arnold, a licensed vendor, did have in her possession, permit or allow someone else to have unlawfully in their possession on Mary Lener Arnold's licensed premises, alcoholic beverages, to wit: 9 half-pints of Smirnoff Vodka, not authorized by law to be sold under her license, contrary to 562.02, F.S.

FINDINGS OF FACT

1. The Respondent, Mary Lener Arnold, t/a Buggs' Drive Inn, held on May 14, 1976 and now holds beverage license no. 50-2 series 1-COP with the State of Florida, Division of Beverage. This licensed premises is located on Main Street, Greenville, Florida.

   
   

2. On May 14, 1976, a confidential informant with the Division of Beverage went to the licensed premise of the Respondent in Greenville, Florida and purchased a bottle of alcoholic beverage not permitted under a 1-COP license.

   This confidential informant was working for officer B.C. Maxwell of the State of Florida, Division of Beverage. Officer Maxwell along with other officers with the Division of Beverage and officers of the Madison County, Sheriff's office returned to the licensed premises on May 14, 1976 and in looking through the licensed premises found a black bag containing 9 half-pints of Smirnoff Vodka on the licensed premises. This Smirnoff Vodka was not permissible on the licensed premises under a 1-COP license. On the licensed premises at the time of the inspection was one Patsy Jackson Williams who indicated that she was in charge of the premises. The confidential informant who had purchased the bottle of alcoholic beverage indicated that his purchase had been made from the same Patsy Jackson Williams. The black bag with its contents of 9 half-pints of Smirnoff Vodka is Petitioner's Exhibit #2 admitted into evidence. The alcoholic beverage purchased by the confidential informant is Petitioner's Exhibit #4 admitted into evidence.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction in this cause.

   
   

4. It is concluded as a matter of law that on or about May 14, 1976, the Respondent, Mary Lener Arnold, a licensed vendor, did permit or allow Patsy Jackson Williams to have unlawfully in Patsy Jackson Williams possession, on the licensed premises, alcoholic beverages, to wit: 9 half-pint bottles of Smirnoff Vodka which are not authorized by law to be sold under the Respondent's license, contrary to 562.02, F.S. and thereby has subjected the Respondent to penalties found in 561.29, F.S.

RECOMMENDATION

It is recommended that the Respondent, Mary Lener Arnold have her beverage license suspended for a period of 30 days based upon the charge proven in the hearing.

DONE and ENTERED this 22nd day of December, 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:

Larry D. Winson, Esquire Staff Attorney

Division of Beverage 725 Bronough Street

Tallahassee, Florida 32304

Mary Lener Arnold t/a Buggs' Drive Inn Main Street Greenville, Florida

Docket for Case No: 76-001926

Orders for Case No: 76-001926