STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, )

DIVISION OF BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1984

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

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings, at 9:00 a.m. January 18, 1977 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 14th day of June, 1976 on the Respondent's licensed premises located at 1080 Cassat Avenue, Jacksonville, Florida, the Respondent, its agent, servant and employee, one Sandra Louise Crenshaw, did unlawfully offer to commit or engage in prostitution with another, one Vice Detective J. S. Davis, Jacksonville Sheriff's Office, in violation of Section 796.07(3)(a), F.S. thereby violating Section 561.29, F.S.

FINDINGS OF FACT

1. At all times material to the allegations found in the Notice to Show Cause, the Respondent, G and B of Jacksonville, Inc., trading as Out of Sight, located at 1080 Cassat Avenue, Jacksonville, Florida, was licensed under License No. 26-449, Series 4-COP held with the State of Florida, Division of Beverage.

   
   

2. On June 14, 1976, Officer J. S. Davis of the Jacksonville Sheriff's Office, Vice Squad, entered the licensed premises. He took a seat at one of the tables in the premises and observed one Sandra Louise Crenshaw in the process of

   dancing. The Officer ordered a drink and Crenshaw came to his table. Crenshaw then came to the table where the Officer was seated and asked Davis if he wanted her to dance for him. She explained that the dances were in three categories.

   The first dance was essentially the act of dancing, for which she would charge

   $1.00. The second arrangement, according to Crenshaw, would cost $10.00 and for that $10.00, she would give Davis a "hand job". The third arrangement would cost $25.00, according to Crenshaw, for which $25.00 Crenshaw said that she and Davis would have sex. Davis then asked if that meant to do the act in the bar in the licensed premises. He also asked her if there was a bed. Crenshaw indicated that they would move to the back table in the licensed premises and he would then be required to pull down his pants and she would "sit on it". Davis paid her $30.00 and she gave him $5.00 in change. They moved to the back table at which time Crenshaw unzipped Davis's trousers and he placed her under arrest.

   
   

3. Mrs. Crenshaw was employed as a dancer at the licensed premises.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

5. It is concluded as a matter of law that on or about the 14th day of June, 1976, on the Respondent's licensed premises located at 1080 Cassat Avenue, Jacksonville, Florida, the Respondent, its agent, servant and employee, one Sandra Louise Crenshaw, did unlawfully offer to commit or engage in prostitution with another, one Vice Detective J. S. Davis, Jacksonville Sheriff's Office, as described in the findings of fact, in violation of Section 796.07(3)(a), 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 Out of Sight, license no. 76-449 be suspended for a period of 30 days to run concurrently with the sentence in Division of Administrative Hearings' Case no. 76-1987.

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: 76-001984

Orders for Case No: 76-001984