STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS ) REGULATION, DIVISION OF ) ALCOHOLIC BEVERAGES AND ) TOBACCO, )

)

Petitioner, )

)

vs. ) CASE NO. 91-6729

)

ALLEN MCGHEE & LATARRA ) HARGARETT a/k/a LATARRA ) GIBBS, d/b/a A TOUCH OF ) CLASS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Mary Clark, held a formal hearing in the above- styled case on October 24, 1991, in Orlando, Florida.

APPEARANCES

For Petitioner: Nancy Waller, Esquire

Department of Business Regulation

725 South Bronough Street Tallahassee, Florida 32399-1007

For Respondent: Joerg F. Jaeger, Esquire

Katz, Jaeger & Blankner

217 E. Ivanhoe Blvd., North Orlando, Florida 32804

PRELIMINARY STATEMENT

On October 18, 1991, the Division of Alcoholic Beverages and Tobacco issued an Emergency Order of Suspension and a Notice to Show Cause, and served them on the licensee Respondent on October 21, 1991. The order and notice alleged multiple violations of Sections 812.019(1), 893.13, 893.03 and 561.29, F.S.

In response, counsel for Latarra Gibbs, d/b/a A Touch of Class, requested the immediate post suspension hearing provided for and noticed in the Emergency Order of Suspension.

The parties appeared at the appointed time and place. After preliminary motions and the presentation of one witness on behalf of the Petitioner, a recess was taken and the parties resolved the case as described below.

FINDINGS OF FACT

AND RECOMMENDED DISPOSITION

1. Respondent, Allen McGhee and Latarra Hargarett, d/b/a A Touch of Class, is licensee of a facility located at 208 South Paramore Avenue, Orlando, Florida. The alcoholic beverage license #58-02721, 2COP series, was most recently renewed for the period October 1, 1991 through September 30, 1992.

   
   

2. Allen McGhee did not appear at the hearing and is apparently in custody as a result of the activities that are the subject of this license discipline proceeding.

   
   

3. Latarra Hargarett, a/k/a/ Gibbs, is the current sole lessee of the premises at 208 South Paramore Avenue. She has also contracted to purchase Allen McGhee's share of A Touch of Class nightclub, and has commenced payment pursuant to the contract.

   
   

4. The parties have agreed to resolution of this proceeding as follows:

   
   

   1. The current license is revoked, and

      $3,000.00 civil penalty and $1,500.00 investigative costs are imposed.

      
      

   2. This license discipline is without prejudice to Latarra Gibbs' right to file an application for a beverage license in her own name at the 208 South Paramore Avenue location.

RECOMMENDATION

Based on the foregoing, it is hereby, recommended that the agency enter its Final Order reflecting the parties' stipulated disposition as stated herein.

RECOMMENDED this 31st day of October, 1991, in Tallahassee, Florida.

MARY CLARK

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 31st day of October, 1991.

COPIES FURNISHED:

Nancy Waller, Esquire Department of Business

Regulation

725 South Bronough Street Tallahassee, FL 32399-1007

Joerg F. Jaeger, Esquire Katz, Jaeger & Blankner

217 E. Ivanhoe Blvd., North Orlando, FL 32804

Richard W. Scully, Director Department of Business

Regulation

725 South Bronough Street Tallahassee, FL 32399-1000

Donald D. Conn, General Counsel Department of Business

Regulation

725 South Bronough Street Tallahassee, FL 32399-1000

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS:

ALL PARTIES HAVE THE RIGHT TO SUBMIT WRITTEN EXCEPTIONS TO THIS RECOMMENDED ORDER. ALL AGENCIES ALLOW EACH PARTY AT LEAST 10 DAYS IN WHICH TO SUBMIT WRITTEN EXCEPTIONS. SOME AGENCIES ALLOW A LARGER PERIOD WITHIN WHICH TO SUBMIT WRITTEN EXCEPTIONS. YOU SHOULD CONTACT THE AGENCY THAT WILL ISSUE THE FINAL ORDER IN THIS CASE CONCERNING AGENCY RULES ON THE DEADLINE FOR FILING EXCEPTIONS TO THIS RECOMMENDED ORDER. ANY EXCEPTIONS TO THIS RECOMMENDED ORDER SHOULD BE FILED WITH THE AGENCY THAT WILL ISSUE THE FINAL ORDER IN THIS CASE.

Docket for Case No: 91-006729

Orders for Case No: 91-006729