STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DIVISION OF ) BEVERAGE, )

)

Petitioner, )

)

vs. ) CASE NO. 77-735

)

STELLA LEE HILL, t/a VONNIE )

BRANCH TIP INN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings, at 2000 West Government Street, Pensacola, Florida, at 10:30 a.m., Central Standard Time, May 26, 1977.

APPEARANCES

For Petitioner: Charles T. Collett, Esquire

Division of Beverage The Johnson Building

725 South Bronough Street Tallahassee, Florida 32304

For Respondent: Stella Lee Hill

Munson Highway Route 6, Box 190 Milton, Florida

ISSUE

Whether or not on or about November 1, 1976, Stella Lee Hill, licensed under the beverage laws, and/or her agent, servant, or employee, to-wit: Jacob Hill, did sell or cause to be sold or delivered intoxicating liquors, wines, or beer to-wit: one-half pint labeled Seagrams Extra Dry Gin, in Santa Rosa County, that which has voted against the sale of such intoxicating liquors, wines or beer, contrary to Section 568.02, F.S.

FINDINGS OF FACT

1. Stella Lee Hill is the holder of license no. 67-129, series 1-COP, held with the State of Florida, Division of Beverage. Stella Lee Hill has held this license from October 1, 1976, up to and including the date of hearing. This license is held to operate at Munson Highway, Route 6, Box 190, Milton, Florida, and to trade as Vonnie Branch Tip Inn, the trade name of the licensed premises.

   
   

2. A series 1-COP license is a license which entitles the licensee to make beer sales for consumption on the premises. Santa Rosa County, Florida through

   its voters has determined that only beer may be sold in that county, of a weight 3.2% alcoholic content. No other form of alcoholic beverages may be sold in Santa Rosa County.

   
   

3. On November 1, 1976, around 7:00 p.m., Central Standard Time, agent Roy Cotton, of the State of Florida, Division of Beverage met with an undercover agent, one Robert Lewis. Robert Lewis was not shown to be a member of any law enforcement agency. The meeting took place on the east side of Milton, Florida, in an open field. At that time a discussion was entered into between Cotton and Lewis on the subject of making an alcoholic beverage purchase of unauthorized alcoholic beverages, at the Respondent's licensed premises. Cotton search Lewis to make sure that he did not have any money or alcoholic beverages on his person and also search Lewis' automobile to insure that no alcoholic beverage was in that automobile. After making such search, Cotton provided Lewis with $5.00 in United States currency to make the aforementioned purchase.

   
   

4. Lewis drove to the licensed premises in one automobile and Cotton in another. Cotton stationed himself so that he could see the licensed premises and the surrounding buildings, but did not go in the licensed premises. Lewis entered the licensed premises and while in the licensed premises spoke with the brother of the licensee, one Jacob Hill and asked for a half pint bottle of liquor. Jacob Hill left the licensed premises and went to an adjacent house which was the home of the mother of the licensee and returned to the licensed premises and presented Lewis with a one half pint bottle of Seagrams Extra Dry Gin. Lewis paid Jacob Hill for the half pint bottle of Seagrams Extra Dry Gin, a liquor containing more than 3.2% alcohol by weight, and left the premises. This sale was consummated in the presence of Stella Lee Hill, the licensee.

   
   

5. The facts as established, show that intoxicating liquors were sold by an agent of the Respondent, to-wit: Jacob Hill, in a county where the voters had decided against the sale of specific intoxicating liquors. Therefore, the Respondent has violated Section 568.02, F.S.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

7. Based upon the facts as established, it has been shown that on or about November 1, 1976, Jacob Hill, an agent, servant or employee, of the licensee, Stella Lee Hill, did sell or cause to be sold or delivered intoxicating liquors, wines, or beer, to-wit: one half pint labeled Seagrams Extra Dry Gin in Santa Rosa County, Florida, a county which had voted against the sale of such intoxicating liquors, wines or beer, and that this sale was contrary to Section 568.02, F.S., thereby subjecting the Respondent to the penalty provisions of Section 561.29, F.S.

RECOMMENDATION

It is recommended that the license no. 67-129, series 1-COP, held by the Respondent, Stella Lee Hill, be suspended for a period of 30 days.

DONE AND ENTERED this 13th day of June 1977 in Tallahassee, Florida.

CHARLES C. ADAMS

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32399-1550 (904) 488-9675

COPIES FURNISHED:

Charles T. Collett, Esquire Division of Beverage

The Johns Building

725 South Bronough Street Tallahassee, Florida 32304

Stella Lee Hill Munson Highway Route 6, Box 190 Milton, Florida

Docket for Case No: 77-000735

Orders for Case No: 77-000735