Judges: K. N. AYERS
Agency: Department of Business and Professional Regulation
Latest Update: Sep. 28, 1988
Summary: Where husband disqualified for bar ownership, bar in wife's name, husband ran bar. Held violation of beverage law.
87-5004STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF BUSINESS REGULATION, ) DIVISION OF ALCOHOLIC BEVERAGES ) AND TOBACCO, )
)
Petitioner, )
)
vs. ) CASE NO. 87-5004
)
JOSEPHINE SAUVAGEOT, )
d/b/a HOLLYWOODS BAR, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above- styled case on September 1, 1988, at Tampa, Florida.
APPEARANCES
For Petitioner: Elizabeth C. Masters, Esquire
Department of Business Regulation The Johns Building
725 South Bronough Street Tallahassee, Florida 32399-1007
For Respondent: Joseph Diaz, Esquire
2522 West Kennedy Boulevard Tampa, Florida 33609
By Notice to Show Cause dated August 3, 1987, the Department of Business Regulation, Division of Alcoholic Beverages and Tobacco (DABT), Petitioner, seeks a civil penalty against or to suspend or revoke the license of Josephine Sauvageot, d/b/a Hollywoods Bar, Respondent. As grounds therefor, it is alleged Respondent allowed an undisclosed individual to have a direct financial interest in the business and to operate accordingly; failed to allow DABT agents access to records relative to employees; and refused, hindered or forcibly obstructed a DABT employee from executing the powers vested in the employee by law.
At the hearing, Petitioner called three witnesses, Respondent testified in her own behalf and eleven exhibits were admitted into evidence. Respondent stipulated that she is licensed as alleged and was so licensed at all times relevant hereto, that utilities were in the name of John Sauvageot effective November 4, 1986, and the service was continuing on July 18, 1987, that the TV cable for Hollywoods Bar was in the name of John Sauvageot, that the billing for telephone at Hollywoods Bar was in the name of John Sauvageot and the telephone was installed July 18, 1986, and that the sewer and water account was in the name of John Sauvageot, and that service was started August 8, 1986, and was continuous through April 17, 1987.
Proposed findings were submitted by Petitioner. Those proposed findings not included below are deemed unnecessary to the conclusions reached.
FINDINGS OF FACT
As a result of an application submitted August 11, 1986, the 2-COP license at Hollywoods Bar in St. Petersburg, Florida, was transferred from Norbert Prevost to Josephine Sauvageot (Exhibit 5).
On April 17, 1987, DABT agents Ray and McQueen visited Hollywoods Bar to check the bar's records. Upon entering the bar, McQueen identified himself to Respondent and asked to look at the records. She produced only a diary. Shortly thereafter, Respondent's husband, John Sauvageot, came over to answer questions Respondent was unable to answer. Mr. Sauvageot produced additional records which the agents proposed to seize and so advised the Sauvageots. Mr. Sauvageot became loud and belligerent and appeared to be playing to the customers in the bar. He told the agents he wouldn't release the records and grabbed the records he had handed to McQueen and returned them to a locker in another room.
Respondent testified that she told her husband to surrender the records to the agents, but if she did, she evidently did not have the authority to have this order carried out. An owner would be expected to have such authority.
These agents returned to Hollywoods Bar on October 7, 1987, for a routine inspection. Upon entering, they went to the bar and asked the bartender who the owner was, and she pointed out John Sauvageot. The barmaid was also hired and trained by John Sauvageot.
When approached by the agents and told the nature of the visit, John Sauvageot told the agents his wife Josephine Sauvageot was the owner.
Inspection of records revealed a bank checking account was not used with bills being paid in cash or money order. When a list of employees was requested, one was not produced. Subsequently, Respondent, through her attorney, produced a list containing the names of eight people, four of whom were not shown to have a surname (Exhibit 7).
Respondent contends that she has limited education, completing only through the fifth grade, and does not read and write well. Her husband does most of the record-keeping of the bar, helped her fill out the application for the 2-COP license, and his brother, Brett Sauvageot, loaned $6000 to start the business.
Respondent testified that employees were paid in cash on a daily basis. It appears that social security taxes and workmens' compensation were not paid. At least no evidence was submitted to show that such funds were withheld and forwarded to the proper authorities to comply with applicable statutes.
On an application for a loan from Sun Bank of Tampa Bay in the amount of $2000, John Sauvageot listed as income $1000 a month from Hollywoods Bar in the position of Manager (Exhibit 2).
Electrical service, TV cable, telephone and sewer and water service for Hollywoods Bar was in the name of John Sauvageot at all times relevant hereto.
Ads placed in the St. Petersburg Times soliciting a concessionaire to operate a food service at Hollywoods Bar were placed by John Sauvageot, and the ad directed inquiry to be directed to "John".
John Sauvageot was convicted of grand larceny, a felony, in West Virginia in 1977 (Exhibit 11) and was sentenced to imprisonment from 1 to 10 years.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
Section 561.17(1), Florida Statutes, provides that when any person, interested with the applicant either directly or indirectly in the business or who has a security interest in the license being sought or has a right to a percentage payment from the proceeds of the business, is not qualified, the application shall be denied.
Section 561.07, Florida Statutes, provides that all DABT employees shall have the right to inspect the premises of all licensees under the Beverage Law and to examine the books and records of the licensee.
Section 462.41(4), Florida Statutes, provides generally that it is unlawful for any person to hinder any DABT employee in the execution of any power or authority vested in him by law. Section 561.29(1), Florida Statutes, gives the Division full power and authority to revoke or suspend the license of any licensee upon a showing that the licensee or his employees has violated, on the licensed premises while in the scope of his employment, any of the laws of this state.
From all the evidence presented, it is concluded that John Sauvageot, during the time the Hollywoods Bar was in operation with Josephine Sauvageot the licensee, took an active role in the operation of this bar. His brother, Brett, provided the money to commence operations, the utilities were placed in his name, he was involved in hiring and training other employees, he maintained such records as were kept, and he placed advertisements seeking employees or concessionaires. As a convicted felon, John Sauvageot was not qualified to be licensed to sell alcoholic beverages, and he obviously applied for the license in his wife's name to circumvent his disqualification.
As an employee of Hollywood's Bar, John Sauvageot interfered with DABT agents inspecting the books and records of the licensee.
From the foregoing, it is concluded that Josephine Sauvageot, d/b/a Hollywoods Bar, violated Sections 561.17(1), 561.07 and 561.41(4), Florida Statutes, as alleged. It is
RECOMMENDED that the 2-COP license issued to Josephine Sauvageot be revoked.
ENTERED this 28th day of September, 1988, in Tallahassee, Florida.
K. N. AYERS Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 28th day of September, 1988.
COPIES FURNISHED:
Elizabeth Masters, Esquire Department of Business Regulation The Johns Building
725 South Bronough Street Tallahassee, Florida 32399-1007
Joseph L. Diaz, Esquire 2522 West Kennedy Boulevard Tampa, Florida 33609
Leonard Ivey Director
Division of Alcoholic Beverages and Tobacco
Department of Business Regulation The Johns Building
725 South Bronough Street Tallahassee, Florida 32399-1007
Joseph Sole General Counsel
Department of Business Regulation The Johns Building
725 South Bronough Street Tallahassee, Florida 32399-1007
Van B. Poole Secretary
Department of Business Regulation The Johns Building
725 South Bronough Street Tallahassee, Florida 32399-1007
Docket for Case No: 87-005004
Orders for Case No: 87-005004
| Issue Date |
Document |
Summary |
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Oct. 24, 1988 |
Agency Final Order
|
|
|
Sep. 28, 1988 |
Recommended Order
|
Where husband disqualified for bar ownership, bar in wife's name, husband ran bar. Held violation of beverage law.
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