The Issue This case concerns the entitlement of the Petitioner, Price Candy Company, Inc., trading as St. James Place, to be granted a new Series 2-COP beverage license from the State of Florida, Division of Alcoholic Beverages and Tobacco.
Findings Of Fact Beginning on June 13, 1978, the Petitioner, Price Candy Company, Inc., began the process of applying for a new Series 2-COP beverage license to be issued by the State of Florida, Division of Alcoholic Beverages and Tobacco. This license was to be issued for a premises located at 117 West Duval Street, Jacksonville, Duval County, Florida. The establishment for which this license is intended is a restaurant located in a building known as the May Cohens Building. The Petitioner leases a portion of that building from May Cohens and the balance of the building which constitutes the structure of the prospective licensed area, is controlled by May Cohens. The part of the building controlled by the Petitioner as a street entrance into the dining room area of the restaurant and an entrance from the May Cohens part of the building, which is an interior entrance to the restaurant. These entrances may be seen in examining the Respondent's Exhibit No. 1 admitted into evidence, which is the Petitioner's sketch of the prospective licensed premises which was submitted to the Respondent as a part of the application. Within this diagram are several pencilled changes to the sketch which represent the current state of the building showing an extension of a wall, thereby closing off any direct access from May Cohens to the restrooms associated with Petitioner's restaurant. On May 30, 1979, the Director of the State of Florida, Division of Alcoholic Beverages and Tobacco indicated his intent to deny the application stated that the reason was "Premises to be licensed is connected to other areas over which the applicant will have no dominion or control." As authority for that statement the Director referred to Subsection 561.01(11), Florida Statutes.
Recommendation It is recommended that the Petitioner, Price Candy Company, Inc., trading as St. James Place, be granted a new Series 2-COP beverage license. DONE AND ENTERED this 19th day of December, 1979, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: James M. Bailey, Area Supervisor Price Candy Company, Inc. 117 West Duval Street Jacksonville, Florida 32204 Daniel C. Brown, Esquire Staff Attorney Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
The Issue Is Petitioner entitled to the issuance of an alcoholic beverage license made available by the January 6, 1993, Quota License Drawing, Log No. 69-98 (the Drawing)?
Findings Of Fact On September 27, 2004, Petitioner under the trade name Warehouse Liquors, Etc., made an application for issuance of an alcoholic beverage license made available by the Drawing. On December 10, 2004, Respondent notified Petitioner that the license application had been denied leading to the formal hearing. At hearing it was revealed that Respondent had refused to issue the license under consideration based upon authority set forth in Subsection 561.15(3)(a), Florida Statutes (2004), which states: The Division may . . . refuse to issue a license under the Beverage Law to: Any person . . . the license of which under the Beverage Law has been revoked. . . after written notice that revocation . . . had been . . . brought against the license. The statutory authority cited above has pertinence in relation to the case Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Petitioner v. Cadillac Jack's Saloon, Inc., d/b/a Cadillac Jack's Saloon, Respondent, Case No. RK15930196A, wherein by amended final order the Respondent's alcoholic license No. 15- 00435, Series 4COP was revoked effective January 17, 1995. That revocation was without prejudice for the named Respondent to apply for another license "contingent upon the filing of all outstanding reports; payments of all outstanding payments of surcharge principal; payment of all outstanding late penalty fees and interest; and, provided Respondent is otherwise qualified to hold said license." Although the amended final order in Case No. RK15930196A contemplated the possibility that application could be made for another license, that opportunity was conditioned upon the Respondent being otherwise qualified to hold the new license. Proof at hearing indicated that Petitioner in this cause was the license holder for license No. 15-00435, Series 4- COP. As a prior license holder, Petitioner made the present application for a new beverage license. In the present application, the question was asked, "Have you ever had any type of alcoholic beverage, or bottle club license, or cigarette, or tobacco permit refused, revoked or suspended anywhere in the past 15 years?" Petitioner answered that question in the negative. That answer was untrue given the circumstances in relation to action revoking alcoholic license No. 15-00435, Series 4-COP. This implicated consideration of whether Petitioner had the necessary qualifications in relation to good moral character as required by Subsection 561.15(1), Florida Statutes (2004), as a condition to issuing the present license in dispute. The untrue response made to the question in the application for the present license demonstrates that Petitioner is without the necessary good moral character.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a Final Order be issued denying Petitioner's application for issuance of the alcoholic beverage license made available by the Drawing. DONE AND ENTERED this 23rd day of June, 2005, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of June, 2005. COPIES FURNISHED: Michael J. Wheeler, Esquire Department of Business and Professional Regulation Northwood Centre, Suite 6 1940 North Monroe Street Tallahassee, Florida 32399-2202 David Jecksovich Post Office Box 761 Cornellus, North Carolina 28031 David Jecksovich 66 Mount Desert Street Bar Harbor, Maine 03609 Jack Tuter, Director Division of Alcoholic Beverages and Tobacco Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Leon Biegalski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Bay Street, Inc., trading as Howard's G" String, is located at 102 E. Bay Street, Jacksonville, Florida. This facility has been licensed by Petitioner at all times relevant to these proceedings, (Beverage License No. 269l9, Series 4-COP) Case No. 81-1825 contains ten counts, five of which were voluntarily dismissed by Petitioner. The remaining counts involve alleged lewd and lascivious acts and an alleged offer to commit prostitution. These charges were based on an undercover investigation by the Jacksonville Sheriff's Office in May, June, August and September, 1980. The testimony of Officer Beacham established that on May 8, 1980, the dancer Karen Wood rubbed a male patron's groin with her buttocks and the dancer Rosetta Smith allowed a male patron to rub her groin area. This conduct took place while the dancers were performing for individual customers. In both cases, their breasts were bare and in close proximity to the patrons' faces. The testimony of Officer Bennett established that on June 26, 1980, the dancer Catherine E. Maryon permitted a male patron to fondle her groin area and to fondle her nude breasts. This conduct continued over a period of about five minutes while Maryon was performing for the patron. The testimony of Officer Hall established that on August 30, 1980, the dancer Darlene Veldon Hughes allowed a male patron to massage her genital area and the insides of her legs while she was performing for him. She wore a bikini brief, but was otherwise nude during this procedure. The testimony of Officer Perret established that on September 2, 1980, the dancer Trudy A. Blincoe offered to engage in sexual intercourse with him for $100. This was established by the nature of their discussion and her statement that she would give "no oral sex, just straight sex." Petitioner conducted a separate investigation of Respondent in February, 1981, through its beverage officers who visited the licensed premises in undercover capacities. This investigation culminated in the 29 charges contained in Case No. 81-1824. The testimony of Beverage Officer Johnson established that the dancer Belinda asked him to buy her a drink on February 11, 1981. The drink was delivered by the bartender-waitress, Kathy, who received the money for the drink. Kathy also approached Johnson and the dancer Laura on that date, and asked if Laura wanted another drink. Laura then asked Johnson for a drink, which he purchased from Kathy. Johnson's testimony further established that the dancer Ursala Kadlecik asked him to purchase a drink for her on February 27, 1981. The testimony of Beverage Officer Arguelles established that on February 18, 1981, the dancer Barbie asked him to buy drinks for her on two occasions. Arguelles purchased the drinks as requested. The testimony of Beverage Officer Lachman established that on February 11, 1981, the dancers Susan and Elizabeth each asked him to buy drinks for them, and on February 14 and 27, 1981, Susan again asked Lachman to buy drinks for her. On February 18, 1981, the dancers Karen, Angie and April each asked Lachman to buy drinks for them. He purchased the drinks as requested on each of these occasions. The testimony of Beverage Officer Balaguer established that on February 12, 1981, the dancer Belinda asked him to buy her a drink and on February 18, 1981, the dancer Laura asked him to buy her a drink. He purchased the drinks as requested. The testimony of Beverage Officer Sams established that on February 25, 1981, the dancer Belinda asked him to buy her a drink. She repeated the request and Sams purchased the drink. The testimony of Beverage Officer Johnson established that on February 12, 1981, the dancer Marty approached him and performed her dance at his table. During this procedure, she rubbed his hand against her groin and also held it against her nude breast. The testimony of Beverage Officer Lachman established that the dancer Susan performed dances at his table on February 25 and 27, 1981. On each occasion she rubbed her nude breasts against his face. The testimony of Beverage Officer Johnson established that on February 5, 1981, the dancer Susan suggested a "date" to him. She stated that the price was $75 for the night and $25 as a penalty for her to leave the bar. She also stated that they would go to a motel and she would do "anything he wanted." Johnson's testimony further established that on February 11, 1981, the dancer Lisa suggested that she and Johnson go to a "party" at a motel. She stated that the price for this would be $30 for the bar plus either $50 for one- half hour, $100 for an hour or $200 for the whole-night. She also said Johnson could do "anything" so long as he did not "get rough." The testimony of Beverage Officer Arguelles established that on February 28, 1981, the dancer Lucy Brightwell offered to "go out" with him. She stated that the charge for this service was $100, which included $25 to leave the bar. She told Arguelles that he could do anything he wanted except "the back door." She also motioned to her vaginal area and stated, "straight fuck." The testimony of Beverage Officer Lachman established that on February 27, 1981, he discussed leaving the bar with the dancer Ramona Strickland. The discussion involved three dancers leaving with the three undercover beverage officers (Lachman, Sams and Rowe) . Strickland stated that the price would include $25 for each dancer to leave the bar and a total charge of $248. Lachman later paid the bartender-waitress, Kathy, $88 for the three dancers to leave the bar. The testimony of Beverage Officer Sams established that he discussed going to a hotel room with the dancer Belinda on February 27, 1981. She stated that the charge for this would be $25 to leave the bar and $50 per one-half hour for each dancer. The testimony of Beverage Officer Rowe established that on February 25, 1981, he discussed "going out" with the dancers Laura and Belinda. He asked Laura if he would "get his money s worth," and she said that he would and that she was "good in bed." Rowe continued the discussion on February 27, 1981, when he asked Laura if the "deal was still on." She stated that it was and asked him if he had made room arrangements. Laura also stated that she did not want "to fuck" in the same room with others. Rowe also discussed the transaction with the bartender-waitress, Kathy, who told him to meet the dancers at the side door and to have them back in 30 minutes. Although no records were produced to establish that the dancers identified herein were employed by Respondent, the fact of employment was evident from the control exercised over them by the bartender-waitress, their costumes, their periodic dances on stage and their movements from one customer to another while performing individual dances and collecting fees for this service. Testimony in this regard was given by all Petitioner's witnesses and was not rebutted by Respondent. It was not shown that the identification of some dancers by their first names or nicknames only created any ambiguity in the charges or prejudice to Respondent.
Recommendation From the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Petitioner find Respondent guilty as charged in Counts l through 7, 9 through 17, 19, 21 through 24 and 26 through 29, Case No. 81-1824, and Count 9, Case No. 81-1825. It is further RECOMMENDED that Petitioner dismiss all other charges against Respondent. It is further RECOMMENDED that Petitioner suspend Respondent's alcoholic beverage license no. 26-919 for a period of 45 days. DONE and ENTERED this 26th day of August, 1982, in Tallahassee, Florida. R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of August, 1982.
The Issue The issue presented here concerns the entitlement of Wiley Ulee Pridgen to transfer the beverage license which be owned to the entity, Adult World, Inc., a corporation.
Findings Of Fact Pursuant to an agreement entered into between the parties in the person of their counsel, made on September 8, 1980, the date for hearing in this cause, and in view of the written Stipulation which consummated the purposes of that agreement, the following facts are found: Wiley U. Pridgen was served with official notice that charges would be filed against him on December 10, 1979. On December 21, 1979, Wiley U. Pridgen filed an application with Respondent's Orlando District Office for transfer of ownership of his beverage license to Adult World, Inc., a corporation. On March 6, 1980, Wiley U. Pridgen was notified by the Director of the Division of Alcoholic Beverages and Tobacco that his application for transfer of ownership had been disapproved for the reason that administrative action is pending and undetermined against the subject licensee pursuant to Florida Statute 561.32. On March 17, 1980, a copy of the formal administrative charges were served on Wiley U. Pridgen. On August 8, 1980, Charles C. Adams, Hearing Officer, Division of Administrative Hearings, entered an order dismissing the instant Notice to Show Cause with leave to refile. On August 25, 1980, formal charges were served upon Petitioner in the form of a Notice to Show Cause after affording a hearing to Wiley U. Pridgen under Florida Statute 120.60(6).
Recommendation It is RECOMMENDED that the Petitioner, Adult World, Inc., d/b/a Strip World Topless Entertainment, be denied its request to have the ownership of License No. 58-1278, Series 2-COP, transferred from Wiley U. Pridgen to Adult World, Inc. DONE AND ENTERED this 7th day of October, 1980, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675
Findings Of Fact Respondent Lois Davis, who does business under the name of The Cotton Club, holds License No. 60-00245, a Series 2-COP license issued by petitioner authorizing her to sell beer and wine for consumption on the licensed premises, which are located at 233 Southwest Fifth Street, Belle Glade, Florida. At one time Ms. Davis held License No. 60-576 which authorized sale of hard liquor as well as wine and beer for consumption on the premises of The Cotton Club. On January 25, 1980, as a result of foreclosure proceedings against respondent's landlords, an order was entered directing that "all right, title and interest to Alcoholic Beverage License 60-576" be conveyed to Mr. and Mrs. Robert Daniel. Robert Daniel, et ux. v. Gilbert Adams, et al. v. Lois Davis, No. 78-4667 CA (L) 01 G (Fla. 17th Cir.). At the time respondent applied for her current license, shortly before the previous license expired, she asked that the latter be extended so that she could sell off her stock of hard or spirituous liquors. Petitioner's Lieutenant Little explained that the matter was before a court but agreed to approach the judge. In September of 1980, L. Dell Grieve, a six-year veteran of the Belle Glade Police Department, visited The Cotton Club, saw liquor in a storeroom, and told the bartender that it should be removed. The bartender protested that it was all right to store the liquor while something was being worked out about the license, or words to that effect. Beverage Officers Ramey and Rabie accompanied Officer Grieve on November 15, 1980, on a visit to The Cotton Club, where they found Andre Lavince Moore, respondent's son, tending bar. In the storeroom, they found numerous bottles of spirituous liquors which they confiscated. Petitioner's Exhibit No. Wine and beer were stored in a separate place in the same storeroom. At no time after she lost License No. 60-576 did respondent or her agents or employees sell any alcoholic beverages other than wine or beer at The Cotton Club, or have any intention of doing so without petitioner's permission.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner dismiss the administrative complaint. DONE AND ENTERED this 14th day of May, 1981, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of May, 1981. COPIES FURNISHED: Daniel C. Brown, Esquire Lt. J. E. Little 725 South Bronough Street Post Office Drawer 2750 Tallahassee, Florida 32301 West Palm Beach, FL 33402 Lois Davis The Cotton Club 233 Southwest Fifth Street Belle Glade, Florida
The Issue At issue in this proceeding is whether Respondent committed the offenses set forth in the Administrative Action and, if so, what penalty should be imposed.
Findings Of Fact At all times material hereto, Respondent, La Dominica Restaurant, Inc., held beverage license number 23-21657, series 2COP, authorizing the sale of alcoholic beverages (beer and wine only) for consumption on the premises known as La Dominica Restaurant, located at 11710 Northwest South River Drive, Medley, Dade County, Florida (hereinafter "the licensed premises"). On November 19, 1997, Joel Chades, a police officer with the Town of Medley, and Mr. Guasch, a code enforcement officer with the Town of Medley, operating undercover, visited the licensed premises in connection with their investigation of complaints that Respondent was selling alcoholic beverages not permitted by their license. Officers Chades and Guasch entered the premises at or about 5:56 p.m., and seated themselves at one of the small tables provided for customers. When approached by a waitress, Officer Chades ordered a beer and a coke, with rum on the side. The waitress proceeded behind the counter, and was observed to pour a liquid from a plastic container into a styrofoam cup. She proceeded to the cooler for a beer and coke, and returned to the table where she delivered the drink order. The styrofoam cup was shown to contain rum, an alcoholic beverage not authorized to be sold on the licensed premises. On December 4, 1997, Officers Chades and Guasch returned to the licensed premises to continue their investigation and, when approached by a waitress, ordered two Corona beers and a rum and coke. The waitress proceeded to the back of the counter, and was observed to begin to pour what was, presumably, rum into a cup; however, at about that time a patron entered the premises, apparently recognized Officer Chades as a police officer, and, after he spoke with the owner (Juana Angeles) at the counter, the waitress stopped pouring and returned to the table to inquire whether they wished to order food. The officers declined and, despite their request, they were not served the rum and coke. Officer Chades observed a lot of activity behind the counter as employees began moving various objects. Consequently, realizing he had been identified, Officer Chades called for his back-up and shortly thereafter Sergeant Merle Boyer of the Medley Police Department and Special Agent John Cobban of the Division of Alcoholic Beverages and Tobacco entered the licensed premises. Upon inspection, one 1.75 liter bottle of Smirnoff Vodka, an alcoholic beverage not authorized to be sold on the licensed premises, was seized from the kitchen area. Immediately outside the back door several other bottles were found, including Johnnie Walker Scotch and Jose Cuervo Tequila, which contained alcoholic beverages not authorized for sale on the licensed premises.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding Respondent guilty of the charges set forth in the Administrative Action and imposing a civil penalty in the total sum of $1,500 for such violations, subject to Respondent's option to substitute a period of suspension in lieu of all or a portion of the civil penalty. DONE AND ENTERED this 17th day of July, 1998, in Tallahassee, Leon County, Florida. WILLIAM J. KENDRICK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 17th day of July, 1998.
Findings Of Fact Petitioner, the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, is the regulatory agency charged with regulating alcoholic beverages and tobacco. Respondents, 1/ David W. and Mildred N. Romeo, d/b/a The Full Moon Club, are the holders of Alcoholic Beverage License #61-01368, Series 14BC. Respondents' licensed premises is located at 6763 Land O'Lakes Blvd., Land O'Lakes, Florida. Based on a complaint received by the Pasco County Sheriff's office (PCSO), Detective Darren Norris of the PCSO initiated an undercover investigation of Respondents' licensed premises. Detective Norris was assisted by Special Agent Ashley Murray (herein the agents) of the Division of Alcoholic Beverages and Tobacco (DABT), who was also acting in an undercover capacity. Petitioner notified Respondents by mail that the Division had received complaints concerning lewd or indecent acts taking place in the licensed premises. In response to that notice, Respondent placed a telephone call to Petitioner's agent, George Miller, to discuss ways in which he would not run afoul of the alcoholic and beverage laws in Florida. During the conversation with Agent Miller, Respondent engaged in a discussion with Miller as to the pitfalls of licensees who operated membership clubs as he did. Miller gave certain examples of proscribed conduct and Respondent ended the conversation with the assurance that they were not engaging in unlawful conduct as the warning letter indicated. Detective Norris has been employed with the PCSO for five years and currently holds the rank of corporal. At the time of his investigation, Detective Norris was assigned to the vice and narcotics unit of the PCSO. Agent Murray has been employed with Petitioner for four years. When Detective Norris was assigned to investigate the anonymous complaint concerning Respondent's club (by a Captain of PCSO), he did not receive explicit instructions from his superiors concerning the manner in which the investigation would be conducted or that a certain outcome was expected. On May 28, 1993, Detective Norris entered the licensed premises in an undercover capacity. Detective Norris met with Respondent, Mildred (Nita) Romeo, at the entrance of the licensed premises. Detective Norris inquired as to procedure of becoming a member of the club; whereupon Ms. Romeo advised that he would have to either be a resident of Paradise Lakes, or be a member of the American Sunbather's Association (ASA). On June 18, 1993, the agents entered the licensed premises to continue the undercover investigation. The agents obtained temporary membership cards from the ASA and presented them to Respondent Nita Romeo at the entrance of the club. The agents were provided a membership application prior to admission into the licensed premises, which included affirmations that they were not law enforcement officers on duty; that they were not reporters; that the club was "clothing optional"; that lewd and lascivious behavior was prohibited, and that what happens in the club "stays in the club". Respondents included those affirmations on the application to protect the privacy of the members. The agents completed the application and were accepted as club members. While inside the licensed premises, the agents sat in an area designated for couples only. After being in the licensed premises for a short time, the agents observed a white male, approximately 50 years old, and a white female approximately 35 years old, sitting at a table approximately six feet away. Detective Norris thought that he observed the male pull his penis from his shorts and the female rubbing the penis with her hand. Agent Murray could not see the male's penis, but thought that she saw the female's hand in the male's groin area. This activity took place for several minutes. Respondents did not see this activity. During the same evening, the agents observed a white male standing with two white females in an open area near the hallway to the rest rooms and approximately five feet from their seats. One of the females was wearing a black night dress and the other was dressed in a two-piece lingerie set. The agents observed the two females rubbing each other's bodies with their hands when one of the females knelt in front of the other female and began a movement which simulated placing her tongue on the inside of the female's vagina. This activity took place for several minutes. Agent Murray thought that she observed several unnamed patrons watching this activity as it was ongoing. Respondents did not witness this conduct. During the same evening, the agents were dancing on the dance floor when they observed a white female and white male dancing approximately three to four feet away. The white male was approximately sixty years old and was dressed in red running shorts, and the white female was approximately 35 years old, heavy set, and nude. The agents observed the male place his fingers in an area near the female's vagina. Agent Murray observed the female dancing and squatted in an up and down manner on the hand of the male dancer. This activity took place for several minutes. Respondents did not witness this activity. After the male removed his fingers from the area of the female's vagina, the female knelt in front of the male, pulled his running shorts to his knees, and placed her mouth in close proximity to the male's penis. This activity lasted approximately one minute. Respondents did not witness this conduct. Both officers did not observe Respondents witnessing these activities although Respondents were always present in the premises. Respondent constantly walked around the licensed premises monitoring the patrons. During the evening of June 18, 1993, while the agents were in the licensed premises, Respondent approached the agents and introduced himself. He told the officers that if they saw anyone doing anything lewd in the premises, it was because they wanted to, and that such activity was not allowed by Respondents. On July 10, 1993, at approximately 11:00 p.m., the agents returned to the licensed premises to continue their investigation. Both officers observed Respondent Nita Romeo at the entrance and Respondent was walking around inside the licensed premises. While in the licensed premises, the agents observed a white couple dancing on the dance floor. The white male was dressed in a striped blue shirt and blue pants and the white female was dressed in a tan g-string and gold waist chain. The male was observed by the agents fondling the breast of the female with his hand and placing his mouth on the female's breast. The male was then observed moving the "g-string" aside and placing his fingers in the area of the female's vagina. This activity took place for several minutes. Respondents did not observe this conduct. A short time after the above-related conduct, the agents observed a white male sitting at a table next to the dance floor with a white female. The agents were seated approximately seven feet from the couple who were dancing. The agents observed the male remove an ice cube from his drink and rub it over the female's exposed breast. The male was then observed placing the ice cube in his mouth and placing his mouth on the exposed breast of the female. This activity took place briefly and Respondents did not see it. The agents then observed the male, described in the preceding paragraph, pull up the dress of the female and place his fingers in the area close to her vagina. This activity took place briefly and Respondents did not see it. Respondent was not observed by the agents watching any of these activities, although he walked around the licensed premises constantly. Throughout all of these activities, Respondent Nita Romeo was at the front desk with her back turned toward the patrons and she did not have a clear view of what was occurring inside. On July 16, 1993, the agents returned to the licensed premises to continue their investigation. While entering the licensed premises, the agents were greeted by Respondent Nita Romeo. While dancing on the dance floor, the agents observed a black male wearing jeans dancing a few feet away from a white female wearing a red "teddie" lingerie set. The agents observed the male place his fingers in the area of the female's vagina. This activity lasted approximately one minute and Respondents did not see it. A short time thereafter, the agents observed a white male with a white female wearing a black "t-back bottom". Both officers observed the male fondle the female's breast and moved the t-back bottom aside and placed his fingers inside the area of the vagina. This activity took place while a song was playing and Respondents did not see it. Respondent was not observed watching this activity, although he was inside the licensed premises. He spoke with the agents and told them that when they felt comfortable, they could join in with the other patrons. On July 23, 1993, the agents returned to the licensed premises to continue their investigation. They saw Respondent Nita Romeo at the entrance where they were greeted and Respondent was inside the licensed premises. While inside the licensed premises, the agents observed two patrons sitting at a table on the east side of the dance floor. The female patron was sitting on the lap of the male. Both agents observed the male move aside the t-back bottom and place his fingers inside the area of the female's vagina and fondle her exposed breast with his other hand. This activity took place for several minutes. Respondent did not observe this activity. Shortly after the above described activity, Respondent approached the officer's table and commented that his feet hurt from walking around so much. This is in keeping with Respondent's constant attempt to monitor the premises at all times. On July 24, 1993, at approximately 12:25 a.m., Detective Norris left the licensed premises and signaled for the remaining law enforcement officers, who were waiting outside, to enter the premises. The activity inside the licensed premises, once law enforcement entered, was video taped. Detective Norris confiscated several photographs which were found inside the licensed premises. These photos were mementos and were from other activities from another club unrelated to Respondent's licensed premises here. Although Detective Norris and Agent Murray observed Respondent David Romeo make announcements over the public address system, they denied ever hearing him say the lewd behavior was not allowed inside the licensed premises. Robert Laurie was employed as a disc jockey for Respondents for approximately one year. Part of his assigned duties were to watch the activities in the licensed premises and alert Respondents if he witnessed any problem(s). Laurie observed problems on occasion and notified Respondent whenever he saw anything occurring which he considered to be lewd and/or lascivious. Respondents changed the policy regarding nudity in the licensed premises and since this policy changed, Laurie has observed less problems respecting lewd and lascivious acts inside the licensed premises. Laurie was present on each occasion the officers were in the licensed premises and did not witness six (6) of the incidents testified to by the officers. Laurie related one incident of oral sex taking place which he related to Respondent who immediately stopped it. Laurie has a clear vantage point from his station in the disc jockey booth and he is better able than any other patron to view what goes on inside the premises. Laurie has observed Respondent making announcements banning lewd and lascivious conduct in the licensed premises, which announcements are made, without fail, twice nightly. Stephanie Mitchell has been employed by Respondent in the licensed premises in several capacities although she is not presently employed there. She has heard Respondent talk to new couples concerning the lewd and lascivious rules. She observed Respondent walking around constantly in the licensed premises monitoring the club's activities. Witnesses Mark Mitchell, Dale Workman, Nan La, Darlene Nonn and Grady Lawhorne are all members of the club. All of the above witnesses have observed Respondent constantly moving around inside the licensed premises and policing the club such that lewd and/or lascivious behavior could not occur. Respondent constantly made known, through the public address announcements, that lewd and lascivious behavior was not allowed in the licensed premises. Respondent made the announcements twice nightly and all the above witnesses are desirous of the club remaining open. Nan La observed Respondent throwing members out of the licensed premises for several reasons including those who are too loud or rowdy; those who are too intoxicated, and those who are "too loose with their hands". Darlene Nonn is familiar with pictures which were posted on the wall and confiscated during the raid. She does not consider them to be lewd or indecent. Respondent opened the club with the idea of providing a place where the adult members could go and not be harassed by other patrons. Respondent followed all procedures required to obtain all necessary licenses and wanted to make certain that he "followed the letter of the law" such that he would not run afoul of any beverage laws. In this respect, when Respondent received the notice from Petitioner, he immediately called Agent Miller and inquired as to specifics of the charges which were unspecified. Respondent walks the licensed premises constantly on each evening it is opened for business, and he makes public service announcements, twice nightly, advising members that lewd and lascivious behavior was prohibited. Respondents observed and enforced the rules, as best they could, and maintained an eye on all of the patrons/members while they were in the club. The agents never approached Respondents about any of the activities they reported herein.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: Petitioner enter a Final Order dismissing the Administrative Complaint filed herein. DONE AND ENTERED this 8th day of June, 1994, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of June, 1994.
The Issue At issue in this proceeding is whether respondent committed the offenses set forth in the notice to show cause and, if so, what disciplinary action should be imposed.
Findings Of Fact At all times material hereto, respondent, Cesar J. Reyes, held alcoholic beverage license number 23-05034, series 2-COP, for the premises known as Busy Cafeteria Bar (the "premises"), located at 4601 West Flagler Street, Miami, Dade County, Florida. In November 1993, Special Agent Joe Lopez of the Division of Alcoholic Beverages and Tobacco, together with the assistance of a confidential informant (CI), began an undercover investigation of the premises. Such investigation was predicated on information Special Agent Lopez had received from federal authorities which indicated that narcotics were being sold upon the premises. On December 1, 1993, Special Agent Lopez and the CI entered the licensed premises. While inside the premises, the CI met with respondent and purchased a small plastic package containing 1/2 gram of cocaine for $30.00. On the same occasion, Special Agent Lopez met with respondent, and he also purchased a small plastic package containing 1/2 gram of cocaine for $30.00. 1/ On December 2, 1993, Special Agent Lopez and the CI returned to the licensed premises. While inside the licensed premises, they again met with respondent and purchased a small plastic package containing 1/2 gram of cocaine for $30.00. On December 7, 1993, Special Agent Brian Weiner of the Division of Alcoholic Beverages and Tobacco served respondent with an emergency order suspending his alcoholic beverage license, and placed respondent under arrest for the sale of cocaine. Incident to such arrest, Special Agent Weiner searched respondent's person and discovered six small plastic packages, each containing 1/2 gram of cocaine, in a small box tucked under respondent's waist band.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be rendered dismissing Counts 1 and 2 of the notice to show cause, finding respondent guilty of Counts 3, 4, 5 and 6 of the notice to show cause, and revoking respondent's alcoholic beverage license. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 28th day of December 1993. WILLIAM J. KENDRICK Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of December 1993.
Findings Of Fact Prior to October 1977 the Nite Gallery, Inc., a nightclub featuring topless dancers, held license 2-COP No.58-1175 and the stock was owned by Sherrill Ann Perkins and Dorothy Jean Copeland. The owners were anxious to sell and placed an advertisement which was seen by Robert Waldorf, who visited the bar to discuss price. Waldorf was accompanied by Richard Bragg and Mary Jo Kelly. Following discussion, Waldorf, who did all the talking for the purchasers, agreed to purchase the business for $12,000 and gave each of the owners a check for $1,000, receipt of which was admitted into evidence as Exhibit 3. On 13 October 1977 the operation of the bar was taken over by Waldorf, although the two owners were still holders of the license. The $1,000 checks given as down payment were on the account of Sharon's Novelties, at Winter Park National Bank, an account on which Waldorf was the only one authorized to sign checks. During the next few weeks, Waldorf wrote numerous checks on this same account to pay for various equipment, supplies and labor for the Nite Gallery. In Application for Transfer of Alcoholic Beverage License stamped 8 November 1977 (Exhibit 6), Dorothy Copeland signed the Affidavit of Seller stating the license was transferred to Mary Jo Kelly who signed the affidavit of buyer that "no other person except as indicated herein, has an interest in the alcoholic beverage license for which these statements are made." Nowhere in the application was reference made to Waldorf. In 1973 Waldorf was convicted in the U.S. District Court for the Western District of Tennessee of offenses involving the transportation in interstate commerce of forged securities and was sentenced to three years confinement with a three years probation period running concurrently with the confinement. (Exhibits 1 and 2). As a result of these felony convictions, Waldorf is ineligible to hold an alcoholic beverage license in Florida. At the time of these transactions, Waldorf and Mary Jo Kelly had been living together for approximately two years. She worked as a dancer and B-girl in various nightclubs, usually in a club where Waldorf also worked. Kelly had no experience or knowledge respecting the operation of a bar or any other business, and all decisions, including the decision to buy the bar and all management decisions thereafter, were made by Waldorf. The sellers, Copel and and Perkins, were informed that Waldorf was the one purchasing the bar and that the license was being put in Kelly's name because Waldorf was ineligible to hold the license. This information came from Waldorf. On November 2, 1977 Waldorf signed a promissory note (Exhibit 5) promising to pay Copeland $300 per month until the balance of the $5,000 owed her for the purchase of the Nite Gallery was paid. Immediately prior to and following the transfer of the license to Respondent, Kelly danced at the Nite Gallery occasionally but otherwise had little, if anything, to do with the business. Waldorf did the hiring and firing, kept the accounts, signed checks for the bills owed, zeroed out the cash register, provided the bartender with funds each day to open the bar, and held himself out and performed all the functions of an owner in fact. Waldorf made arrangements for radio advertising for the Nite Gallery and paid for this service. (Exhibit 10). In his application for telephone service ordered 4-2-78 for his residence, Waldorf stated his occupation for the past two years was owner of the Nite Gallery. (Exhibit 12). After the license was transferred to Mary Jo Kelly, Waldorf opened another bank account on which both he and Kelly were authorized to sign checks. Kelly often signed blank checks which Waldorf completed to pay various expenses of the Nite Gallery. Kelly made no deposits in this account, maintained no record of expenditures from this account, and she had no information regarding the disposition of, or the amount of, money passing through the cash register at the Nite Gallery. Respondent testified that she provided all of the money used to purchase the Nite Gallery and to pay the initial bills from her earnings as a dancer. She also testified that this same source of funds provided the capital needed to buy a house, boat and two or three cars including a Continental Mark IV driven by Waldorf. Respondent further testified that she made $400 per week from tips as a dancer at the. Fiesta Club in Orlando immediately before purchasing the Nite Gallery and that she made $400-$500 per week in tips at the Nite Gallery. Her testimony was that the dancers worked on tips only. Exhibit 8, which is a cash and expense report for the Nite Gallery for December 1, 1977, shows that four dancers shared $17 for their work that evening. Although this was shown on Exhibit 8 as Commissions, other testimony indicated it was accumulated at $1 for each drink the customers bought for four dancers in one evening. These figures strongly militate against Respondent receiving $400-$500 per week in tips at this establishment. Respondent's testimony that her earnings provided the funds for a house, boat, and three cars in addition to the costs involved in opening the Nite Gallery is simply not credible. The testimony by Orange County Sheriff's deputies that one of them was struck by an employee of the Nite Gallery while on the premises was unrebutted All of the witnesses, including Respondent, testified that Respondent performed no role in the day-to-day management of the Nite Gallery and that Respondent did not have the experience or ability to run a business. At the time Respondent surrendered her license to Petitioner in March, 1979 she voluntarily submitted to questioning and the tape of that interrogation and the transcript of the tape were admitted into evidence as Exhibits 21 and Therein Respondent gave her age as 20 years old and stated that Waldorf had directed her absence from the first hearing. At Waldorf's direction she went to Pennsylvania and entered the hospital for a short period so she could truthfully advise her attorney that she was in the hospital in Pennsylvania during the March hearing. During this interrogation Kelly stated that she received no income from the Nite Gallery, that Waldorf ran the business, and that she had no knowledge of how the business was doing.
Findings Of Fact From October 1, 1975, up to and including April 14, 1976, the Respondent, Bobbie P. Miles, d/b/a D. J. `s Lounge, held State of Florida Alcoholic Beverage License No. 26-91, Series 2-COP, for operation at a premises of 6644 Arlington Road, Jacksonville, Florida. A copy of this license is found in Composite Exhibit No. 1, admitted into evidence. Sometime in the beginning of April, 1976, Detective Claude Locke with the Jacksonville Sheriff's Office, received information from an informant that a minor female was selling alcoholic beverages in D. J.`s Lounge. This minor female was identified as being 5 foot 7 inches tall with reddish blonde hair. Locke went to D. J.`s Lounge and was served a beer by a woman fitting that description. No other employee in the bar was serving alcoholic beverages while he was there for 45 minutes. Subsequent to his investigation of the bar, Officer Locke contacted the State of Florida, Division of Beverage, about his activities. Officers B. W. Rowe and K. A. Boyd of the Division of Beverage acting on Officer Locke's report went to D. J.`s Lounge on April 14, 1976. The officers took a seat at the bar and a white female who was playing the pinball machine went to the bar and served them alcoholic beverages by serving the beverage and taking the money and returning the change from the purchase. This person who served them had reddish blond hair and was later identified in the course of the hearing as being one Darlene Usury. After Darlene Usury served the beer to the officers she went behind the bar and poured herself a beer and began to drink that beer. Her glass of alcoholic beverage was checked by the officers on the basis of their expertise and found to be an alcoholic beverage, and is offered into evidence as Petitioner's Exhibit 3, admitted. The alcoholic beverage served them was also tasted, based upon their expertise and found to be an alcoholic beverage. There was another woman working at the bar on April 14, 1976. This woman was Donna Moody. Ms. Moody indicated that Usury was not employed in the bar and that she had never checked her identification because the owner of the bar, Bobbie P. Miles, had allowed Darlene Usury to drink on other occasions. Later in the evening of April 14, 1976, the owner and Respondent, Bobbie P. Miles, came to the bar and indicated that he had met Darlene Usury at another establishment which he was operating and had been shown an identification. This identification was a Pennsylvania license issued to Debra Yanni, and this identification showed Darlene R. Usury to be more than 18 years of age on April 14, 1976. The identification card is Petitioner's Exhibit No. 2 admitted into evidence. The identification card does not have a photograph. The identification card was initially shown to Bobbie P. Miles at the Jubille Bar a year or more before April 14, 1976. Darlene R. Usury was in fact 17 years old on April 14, 1976, at the time she served the alcoholic beverages to the beverage officers and consumed an alcoholic beverage. Darlene Usury explained that her action of serving the beer to the beverage officers was an isolated incident and she only did it to help out Donna Moody, the person in charge of the bar on that night. Bobbie P. Miles said that Darlene R. Usury was not employed on that night or on any other night. Although Darlene R. Usury had served the alcoholic beverages to Officers Rowe and Boyd, Donna Moody was also working behind the bar at that time. Officer Locke was unable to identify Darlene R. Usury as the woman who had served him alcoholic beverages on the prior occasion in April, 1976.
Recommendation It is RECOMMENDED that the licensee, Bobbie P. Miles, be fined in the amount of $150.00 for the violation as established by the Administrative Complaint. DONE and ENTERED this 1st day of August, 1976, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Charles F. Tunnicliff, Esquire Division of Beverage 725 Bronough Street The Johns Building Tallahassee, Florida 32304 Bobbie P. Miles pro se 6644 Arlington Road Jacksonville, Florida
