STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, )

DIVISION OF BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1985

) 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

ISSUES

1. Whether or not on or about the 17th 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 Rhea Alexander, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer, one John Dewey Currington, by dancing in a topless manner, rubbing her pubic region on his, fondling her buttocks and allowing him to kiss her breasts, in violation of Section 798.02, F.S. thereby violating Section 561.29, F.S.

   
   

2. Whether or not on or about the 17th 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 Cathy Anderson Hanes, did unlawfully engage in open and gross lewd and lascivious behavior with two unidentified white male customers by dancing in a topless manner, rubbing her pubic region on theirs, having her buttocks fondled, her breasts kissed and playing with the penis of one of the customers in violation of Section 798.02,

   F.S. thereby violating Section 561.29, F.S.

3. Whether or not on or about the 17th 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 Bobbi Jean Webb, did unlawfully engage in open and gross lewd and lascivious behavior with Beverage Officer B. W. Rowe by dancing in a topless manner, rubbing her buttocks in lap, and rubbing his pubic region with her hands, in violation of Section 798.02, F.S. 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 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 17, 1976, a dancer in the licensed premises, one Sandra Rhea Alexander, danced for a customer, John Dewey Currington. She did the dance by approaching Currington, who was seated, and spread his legs apart and stood between his legs and moved her body up and down simulating intercourse. She was dressed without any top clothing; however, she was clothed on the lower part of her body and the patron was clothed. In the course of this dance, the pubic regions of the dancer and the patron were touching and the patron was fondling the buttocks of Ms. Alexander. Neither of these individuals attempted to stop the conduct of the other.

   
   

3. On June 17, 1976, in the licensed premises, one Cathy Anderson Hanes was dancing. In the course of her dancing, she danced separately for two unidentified white male customers. Before commencing to dance, she took the top off which she was wearing and danced for the duration of two or three songs for the first male customer. Ms. Hanes then moved over to the location of the second male customer and performed with her top off. In the course of the dance she spread the legs of the customer who was seated against the wall and stood between his legs making an up and down motion while placing her pubic area against that of the male customer.

   
   

4. On June 17, 1976, Officer B. W. Rowe of the Division of Beverage, State of Florida, entered the subject licensed premises. Officer Rowe took a seat and was approached by a dancer known as Bobbi Jean Webb. She removed the top part of her costume and while in the topless state, danced for Officer Rowe and in the course of the dance, rubbed her buttocks in his lap by placing her buttocks on his legs while Officer Rowe was seated. This occurred three times during the course of the dance. At the dancer's request, Officer Rowe had paid her $3.00 for the dance.

   
   

5. While the above described activities were transpiring, there was a barmaid in the licensed premises as an employee. Neither the barmaid nor any other persons tried to stop the course of conduct which has been described heretofore.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

7. On or about the 17th 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 Rhea Alexander, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer, one John Dewey Currington, as described in the findings of fact, in violation of Section 798.02, F.S. thereby violating Section 561.29, F.S.

   
   

8. It is concluded as a matter of law that on or about the 17th 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 Cathy Anderson Hanes, did unlawfully engage in open and gross lewd and lascivious behavior with an unidentified white male customer as described in the findings of fact, in violation of Section 598.02, thereby violating Section 561.29, F.S.

   
   

9. It is concluded as a matter of law that on or about the 17th 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 Bobbi Jean Webb, did unlawfully engage in open and gross lewd and lascivious behavior with Beverage Officer B. W. Rowe 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 Out of Sight, license no. 76-449 be suspended for a period of 60 days to run concurrently with the sentences in Division of Administrative Hearings' Case nos. 76-1987 and 76-1984.

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 725 Bronough Street

Tallahassee, Florida 32304

Harry Katz, Jr., Esquire

337 E. Forsyth Street Jacksonville, Florida 32202

Docket for Case No: 76-001985

Orders for Case No: 76-001985