STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, )

DIVISION OF BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1927

)

THE WESTER CORPORATION )

t/a SAVOY CLUB, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held before Charles C. Adams, Hearing Officer with the Division of Administrative Hearings, on November 15, 1976 at 720 South Bronough Street, Tallahassee, Florida.

APPEARANCES

For Petitioner: Larry Winson, Esquire

Division of Beverage 725 Bronough Street The Johns Building

Tallahassee, Florida 32304

For Respondent: Leroy Wester

311 West Van Buren Street Tallahassee, Florida

ISSUE

Whether or not on or about August 25, 1976, an investigation was completed which revealed that the Wester Corporation, d/b/a The Savoy Club, licensed under the beverage laws as a special restaurant, failed to derive at least 51 percent of its gross revenue from the sale of food and nonalcoholic beverages for the month of July, 1975 through June, 1976 as called for in Rule 7a-3.15(b), F.A.C.

FINDINGS OF FACT

1. The Respondent, the Wester Corporation, holds license no. 47-150, series 4-COP with the State of Florida, Division of Beverage, and has held that license since October 1, 1975. On August 25, 1976, the State of Florida, Division of Beverage performed an investigation into the records of the Wester Corporation, d/b/a the Savoy Club, which is located at 311 West Van Buren Street, Tallahassee, Florida. This investigation of the records to include cash receipts and tape totals held by the corporation revealed the following facts in terms of gross revenues:

   July, 1975 Revenues:

   Food $ 2,842.75

   Alcohol $ 7,835.65

   
   

   August, 1975 Revenues:

   Food $ 2,312.48

   Alcohol $ 6,706.43

   
   

   September, 1975 Revenues:

   Food $ 2,589.54

   Alcohol $ 6,128.43

   
   

   October, 1975 Revenues:

   Food $ 2,883.47

   Alcohol $ 5,603.75

   
   

   November,	1975	Revenues:
   Food		$ 1,935.20
   Alcohol		$ 5,395.27
   December,	1975	Revenues:
   Food		$ 2,227.38
   Alcohol		$ 5,689.08

   
   

   January, 1976 Revenues:

   Food $ 2,461.57

   Alcohol $ 6,161.43

   
   

   FEBRUARY, 1976 Revenues:

   Food	$	2,259.35
   Alcohol	$	4,704.02
   March, 1976	Revenues:
   Food	$	2,397.95
   Alcohol	$	5,004.09
   April, 1976	Revenues:
   Food	$	2,391.55
   Alcohol	$	5,418.14
   May, 1976 Food	Revenues:	$ 2,149.31
   Alcohol		$ 6,382.50
   June, 1976 Food	Revenues:	$ 2,243.23
   Alcohol		$ 5,869.11

   
   

2. During that time period food for a special banquet totaled $ 2,298.84. Averaging out these totals over the period of one year as indicated shows alcohol sales to be approximately 70 percent and food sales to be approximately

   30 percent.

   CONCLUSIONS OF LAW

   
   

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

   
   

4. Based upon the facts as shown in the hearing it is concluded as a matter of law that the Petitioner has violated the conditions of Rule 7a-3.15b, F.A.C., that indicates:

The restaurant must derive at least 51 percent of its gross revenue from the sale of food and non-alcoholic beverages. The 51 percent shall be determined by taking the average monthly gross revenue of the sale of food and

non-alcoholic beverages over a period of any calendar year.

RECOMMENDATION

It is recommended that the license of the Respondent, Wester Corporation, license no. 47-150-SRX, series 4-COP be suspended for a period of one year but that suspension be set aside upon sufficient showing by the Respondent of current compliance with Rule 7a-3.15b, F.A.C.

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 Winson, Esquire Division of Beverage The Johns Building

Tallahassee, Florida 32304

Leroy Wester

311 West Van Buren Street Tallahassee, Florida

Docket for Case No: 76-001927

Orders for Case No: 76-001927