STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, )

DIVISION OF BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1983

) G & B OF JACKSONVILLE, INC. ) t/a CLIMAX )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings, at 1:00 p.m., January 18, 1976, at 1934 Beachway Road, Jacksonville, Florida.

APPEARANCES

For Petitioner: Charles Tunnicliff, Esquire

Division of Beverage

Department of Business Regulation The Johns Building

725 Bronough Street

Tallahassee, Florida 32304

For Respondent: Harry Katz, Jr., Esquire

337 East Forsyth Street Jacksonville, Florida 32202

ISSUE

Whether or not on or about the 21st day of November, 1975, on the Respondent's licensed premises, located at 5916 Phillips Highway, Jacksonville, Florida, the Respondent, its agent, servant or employee, to wit: Phyllis Jacobs Whidden, did engage in open and gross lewd and lascivious behavior with another person while dancing in a topless state for a patron; did rub her vagina and buttocks against the leg of the male patron, in violation of Section 798.02,

1. thereby violating Section 561.29, F.S.

   
   

   FINDINGS OF FACT

   
   

   1. At all times material to the allegations found in the amended Notice to Show Cause, the Respondent, G and B of Jacksonville, Inc., trading as Climax, located 5916 Phillips Highway, Jacksonville, Florida, was licensed under License No. 26-780, Series 4-COP, held with the State of Florida, Division of Beverage.

      
      

   2. On November 21, 1975, one Phyllis Jacobs Whidden, was dancing as an employee of the licensee within the licensed premises. At that time and place,

      Whidden approached a male patron and rubbed her pubic area and buttocks on the one of the legs of that male patron.

      
      

      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 the 21st day of November, 1975, on the Respondent's licensed premises, located at 5916 Phillips Highway, Jacksonville, Florida, the Respondent, its agent, servant or employee, to wit: Phyllis Jacobs Whidden, did engage in open and gross lewd and lascivious behavior with another person, as described in the findings of fact, in violation of Section 798.02, F.S. thereby violating Section 561.29, F.S.

RECOMMENDATIONS

It is recommended that the license of the Respondent G and B of Jacksonville, Inc., trading as Climax, license no. 26-780 be suspended for a period of 30 days.

DONE AND ORDERED this 18th day of April, 1977, in Tallahassee, Florida.

CHARLES C. ADAMS

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

COPIES FURNISHED:

Charles Tunnicliff, Esquire Division of Beverage

Department of Business Regulation The Johns Building

725 Bronough Street

Tallahassee, Florida 32304

Harry Katz, Jr., Esquire

337 E. Forsyth Street Jacksonville, Florida 32202

Docket for Case No: 76-001983

Orders for Case No: 76-001983