Findings Of Fact Aki-San held an alcoholic beverage license which expired October 1, 1977. Only on January 10, 1978, did Aki-San make application for "delinquent renewal" of its license. In the unlicensed interim, one of respondent's truckdrivers continued to deliver Kirin beer to Aki-San. At all pertinent times, respondent was licensed as a distributor of alcoholic beverages. Respondent employs numerous truckdrivers to distribute alcoholic beverages to some 2,000 licensees under the beverage law. Each driver has a route book containing the license number of each of the customers for which he is responsible. The truck drivers have standing instructions to insure, before delivering alcoholic beverages, that the licensees they serve have renewed their licenses for the year. Posted on a bulletin board on respondent's premises, in October of 1977, was a notice reminding the drivers to ascertain whether their customers' licenses had been renewed.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner dismiss the notice to show cause issued in this case. DONE and ENTERED this 17th day of November, 1978, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Clifford Distributing Company 990 S.W. 21st Terrace Ft. Lauderdale, Florida Mary Jo M. Gallay Staff Attorney 725 South Bronough Street Tallahassee, Florida 32304
The Issue Whether petitioner's application for a beverage license should be disapproved on the ground that he has been convicted of illegally dealing in narcotics within the last five years.
Findings Of Fact The facts of this case are simple and undisputed: Petitioner, Hurdee N. Weatherford ("petitioner") applied to the respondent, Division of Alcoholic Beverages and Tobacco ("Division"), for a 2- COP alcoholic beverage license to be issued under the name of Sutters Mill, 4345 North Atlantic Avenue, Cocoa Beach, Florida. (Testimony of Weatherford.) On October 22, 1981, the Division denied petitioner's application on grounds that he had been convicted of illegally dealing in narcotics within the last five years. Petitioner requested a hearing on the Division's denial and this proceeding followed. (Testimony of Weatherford; Stipulation of Counsel.) On May 20, 1980, petitioner pleaded nolo contendere to Attempted Sale of Controlled Substance, a violation of Section 893.13(1)(a)2, Florida Statutes (1979). The Circuit Court of Broward County accepted the plea and adjudged him guilty; he was fined $500 and sentenced to six months (suspended) in the county jail. (Petitioner's Exhibits 1, 2, and 3.)
Recommendation Based on the foregoing, it is RECOMMENDED: That petitioner's application for an alcoholic beverage license be denied. DONE AND RECOMMENDED this 3rd day of February, 1982, in Tallahassee, Florida. R. L. CALEEN, JR. 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 3rd day of February, 1982.
The Issue The issue is whether Respondent sold an alcoholic beverage to a person under 21 years of age, in violation of Section 562.11(1)(a), Florida Statutes.
Findings Of Fact Petitioner has granted Respondent license number 51- 02167, 1APS, for the sale of alcoholic beverages. Respondent received its first temporary license for the sale of alcoholic beverages on November 24, 1997. The license authorizes Respondent to resell package sales of only beer, as well as other alcoholic beverages under six percent alcohol by volume. Respondent's sole officer and shareholder is Mei-Rong Manley. Respondent operates a gas station at 1201 4th Street West in Bradenton. On the day in question, Ms. Manley was the sole employee present. K. W. was born on February 23, 1983. In March 1999, he was six feet, two inches tall and weighed 160 pounds. Petitioner randomly selected Respondent's store for an undercover purchase. Petitioner had not previously received a complaint that Respondent was selling alcoholic beverages to underage persons. The record does not reveal a prior instance of an underaged sale of alcoholic beverages by Respondent. On March 19, 1999, K. W. entered Respondent's store, walked directly to the beer cooler, and picked up a 12-pack of Budweiser alcoholic beer. He then carried the 12-pack of beer to the checkout counter. Shortly after K. W. entered the store, one of Petitioner's plainclothes agents entered the store, posing as a customer, but secretly observing the situation. There were no other persons in the store besides Ms. Manley, K. W., and the agent. When K. W. reached the checkout counter, he laid down the 12-pack of beer. Ms. Manley stated the purchase price of the beer as $8.55. K. W. gave her a larger sum in currency, and Ms. Manley returned to him the proper change. K. W. then left the store with the beer. He had been in the store 3-4 minutes. At no time did Ms. Manley ask K. W. how old he was. At no time did Ms. Manley ask K. W. to produce identification. Ms. Manley also claims that she was distracted when making the sale to K. W. She alternatively claims that she was concerned that the plainclothes agent was preparing to steal something and that she was engrossed in doing bookkeeping when K. W. approached the counter. The evidence does not support these alternative claims, which are somewhat conflicting. Ms. Manley claims to have believed that K. W. was well past 21 years of age. A native of Taiwan, Ms. Manley has resided in the United States for the past 15 years. Her belief was unreasonable. While making the purchase, K. W. wore a dark Calvin Klein t-shirt and shorts. He is a tall person, but not of considerable weight. Moreover, his youthful face and manner of presenting himself do not suggest that he is over 21 years of age. A diligent merchant of alcoholic beverages could not have mistakenly assumed that K. W. was over five years older than the 16 years that he was at the time of the purchase.
Recommendation It is RECOMMENDED that the Division of Alcoholic Beverages and Tobacco enter a final order finding Respondent guilty of violating Section 562.11(1)(a) and imposing an administrative fine of $1000 and a license suspension of seven days; provided, however, that Respondent may elect to reduce the fine and add to the suspension at the ratio of $50 of fine for one day of suspension, so that, for example, she may eliminate the fine altogether by accepting a suspension of 27 days (7 days provided by rule plus the 20 additional days to reduce the fine to 0). DONE AND ENTERED this 8th day of September, 1999, in Tallahassee, Leon County, Florida. ROBERT E. MEALE 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 8th day of September, 1999. COPIES FURNISHED: Joseph Martelli, Director Division of Alcoholic Beverages and Tobacco Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 William Woodyard, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Ruth Nicole Selfridge Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 Mei-Rong Manley President Sheauray, Inc. 1201 14th Street, West Bradenton, Florida 34205
The Issue Should Petitioner discipline Respondent's Alcoholic Beverage License based upon Respondent's president selling, serving or giving an alcoholic beverage, on the licensed premises, to a person under the age of twenty-one contrary, to Section 562.11(1)(a), Florida Statutes?
Findings Of Fact Respondent, Rose Anne, Inc., d/b/a Scooters, holds license number 74-05039 SRX, Series 4COP issued by Petitioner for the premises located at 217 North Woodland Boulevard, Deland, Florida. Scott A. Price is the president and owner of that business. On October 22, 1997, Petitioner, through its agents, made random checks of businesses holding alcoholic beverage licenses issued by Petitioner. Those checks were made in Deland, Florida. In particular, the checks were designed to determine if businesses holding alcoholic beverage licenses were acting in compliance with the prohibition against selling, serving or giving alcoholic beverages on their licensed premises, to persons under the age of twenty-one, in violation of Section 562.11(1)(a), Florida Statutes. Respondent's premises was one of the licensed premises checked on that date. Petitioner's employees involved in the random checks included Special Agents Betty D. Adazzio, Melissa Winford and Kristin Hunt, operating with the assistance of Sergeant Steve Dovi of the Deland Police Department. The law enforcement personnel were supported in their activities by Ryan N. Luttrell, an under-aged person, who was used to determine if persons within the licensed premises under consideration would sell, serve or give Mr. Luttrell an alcoholic beverage in the licensed premises. Mr. Lutrell was born on November 23, 1978, as reflected on a Florida driver's license issued to him. That driver's license bore a picture of Mr. Luttrell which accurately depicted his appearance at the time. The license also indicated in bold print that Mr. Luttrell was under twenty-one years of age. In contact with Mr. Price, within Respondent's licensed premises, Mr. Luttrell used the license as a means of identification. Mr. Luttrell entered the licensed premises on the date in question. At that moment Mr. Price was tending the bar in the premises. Mr. Price brought Mr. Luttrell a menu and asked Mr. Luttrell if he wanted anything to drink. Mr.Luttrell told Mr. Price to give Mr. Luttrell a minute to decide. Mr. Luttrell then asked Mr. Price for a Bud Lite, an alcoholic beverage which is a beer. Mr. Luttrell also ordered cheese sticks. Mr. Price asked Mr. Luttrell for identification. Mr. Luttrell then produced the driver's license that has been described. Mr. Price briefly looked at the driver's license. Then Mr. Price took the driver's license to another area within the premises and held the license up by a chart. Mr. Price came back to where Mr. Luttrell was seated and asked what Mr. Luttrell would like. Mr. Luttrell repeated that he wanted a Bud Lite. Mr. Price filled a glass with beer and brought it back to Mr. Luttrell's location placing the glass of beer and a napkin in front of Mr. Luttrell. Mr. Price remarked that the cheese sticks would be right out. Mr. Luttrell asked Mr. Price where the bathroom was. Mr. Luttrell took the beer in the glass with him and took a sample of the beer and placed it in a vial. Mr. Luttrell went back to the bar area, and in further conversation with Mr. Price, Mr. Luttrell claimed that his pager had gone off, and used that excuse as a reason to exit the licensed premises. Once outside, Mr. Luttrell realized that he had not paid for the beer and Agent Adazzio sent Mr. Luttrell back into the premises to pay it. Mr. Luttrell re-entered the premises. Mr. Price was still behind the bar. Mr. Luttrell paid Mr. Price for the beer that Mr. Price had given Mr. Luttrell. Mr. Luttrell then again exited the licensed premises. At the time of the incident Respondent was not qualified as a Responsible Vendor pursuant to Section 561.705, Florida Statutes, and entitled to protections against suspension or revocation of its beverage license for the illegal sale of an alcoholic beverage to a person not of lawful drinking age, as envisioned by Section 561.706, Florida Statutes. Respondent's disciplinary history involves a violation of Section 561.501, Florida Statutes, for failure to timely file surcharge reports and to remit surcharges collected for periods in 1990. That case was resolved by entry into a Consent Agreement on December 17, 1990, in which Respondent acknowledged the violations and agreed to remit the sum of $250.00, as a civil penalty. This circumstance was in association with Respondent doing business as Scooters Coast To Coast at U.S. Highway #1, MM92.5, Tavernier, Monroe County, Florida, under license number 54-00658, Series 2COP.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: It is recommended that a final order be entered finding Respondent in violation of the aforementioned provisions and imposing a seven day suspension, together with a civil penalty of $1,000.00. DONE AND ENTERED this 12th day of August, 1998, in Tallahassee, Leon County, Florida. 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 Filed with the Clerk of the Division of Administrative Hearings this 12th day of August, 1998. COPIES FURNISHED: Susan C. Felker-Little, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 Scott A. Price, President Rose Anne, Inc., d/b/a Scooters 102½ West Rich Avenue Deland, Florida 32720 Richard Boyd, Director Department of Business and Professional Regulation Division of Alcoholic Beverages and Tobacco 1940 North Monroe Street Tallahassee, Florida 32399-1007 Lynda L. Goodgame, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007
The Issue This case arises out of a Notice to Show Cause dated January 13, 1982, served by the Petitioner upon the Respondent requiring that the Respondent show cause as to why his Beverage License No. 26-02065 should not be suspended, revoked, or otherwise disciplined for having committed violations of the laws of Florida, and thus, a violation of Florida Statutes 561.29(1)(b). On January 28, 1982, the Respondent, by and through his attorney, Lacy Mahon, Jr., requested, in writing, a formal hearing pursuant to Section 120.57, Florida Statutes. On March 30, 1983, a Notice of Hearing scheduling the formal hearing in this matter for April 28 and 29, 1983, was served upon Mr. Lacy Mahon, Esquire, attorney for the Respondent. Prior to the formal hearing, Mr. Mahon contacted Mr. Watson, counsel for the Petitioner, and informed him that his client, Mr. Billy Freeman, had requested that he not appear at the hearing on behalf of Mr. Freeman and that Mr. Freeman also would not appear. The undersigned Hearing Officer also received an ex parte communication from the Respondent, Mr. Billy Freeman, inquiring as to the purpose of the formal hearing, and I explained to him that a Notice to Show Cause had been filed against his beverage license and that if he had any further questions, he should contact either his attorney or Mr. James Watson of the Division of Alcoholic Beverages and Tobacco. The Respondent nor his attorney appeared at the formal hearing in this matter. The petitioner presented as its evidence three exhibits. Petitioner's Exhibit 1 is an indictment charging the Respondent with burglary and arson dated June 4, 1982. Petitioner's Exhibit 2 is a certified copy of a judgment convicting the Respondent of arson in violation of Florida Statute 806.01(2). And Petitioner's Exhibit 3 was a late filed exhibit reflecting the license status and license number of the Respondent's beverage license. The Respondent did not appear, and, therefore, did not present any evidence.
Findings Of Fact The Respondent, Billy Freeman d/b/a The Mug, holds Beverage License No. 26-02065, Series 2-COP. On August 10, 1982, the Respondent, Billy Freeman, was convicted of arson, a second degree felony, in violation of Florida Statute 806.01(2). The Respondent was adjudicated guilty and sentenced to imprisonment for a term of 18 months. The conviction occurred in the Circuit Court of Duval County, Florida, Case No. 81-11038CF.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Beverage License No. 26-02065, 2-COP be revoked. DONE and ENTERED this 25th day of May, 1983, in Tallahassee, Florida. MARVIN E. CHAVIS, 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 25th day of May, 1983. COPIES FURNISHED: James N. Watson, Jr., Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Lacy Mahon, Esquire 350 East Adams Street Jacksonville, Florida 32202 Mr. Howard M. Rasmussen Director Division of Alcoholic Beverages and Tobacco 725 South Bronough Street Tallahassee, Florida 32301 Mr. Gary Rutledge Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
Findings Of Fact The parties stipulated and agreed that Grace Industries, Ltd., Inc. held License No. 26-1488 on or about September 25, 1975 and October 16, 1975. The parties entered into a stipulation that the facts alleged in the Administrative Complaint were true and accurate. Therefore, the facts are established, that on or about the 25th of September, 1975, the Respondent, its agent, servant or employee did unlawfully sell alcoholic beverages, to wit: one case of Black Horse Ale, to a licensed vendor, Tom Relaford's Liquors, License No. 26-944, 4-COP, while such vendor was on the delinquent "no sale" list issued by the Division effective July 16, 1975. The stipulation further established that on or about the 16th of October, 1975, the Respondent, its agent, servant or employee did unlawfully sell alcoholic beverages, to wit: two cases of assorted wine, to a licensed vendor, Tom Relaford's Liquors License No. 26-944, 4-COP, while such vendor was on the delinquent "no sale" list issued by the Division effective July 16, 1975. The word "Division" as used in this statement of fact refers to the Division of Beverage.
Recommendation The permit held by the Respondent, Grace Industries, Ltd., Inc., is a new permit and offenses as set forth in the Complaint under consideration are the first offenses by the Respondent. The parties have stipulated that the undersigned may make conclusions of law and a recommendation, notwithstanding the lack of disputes in fact. Furthermore, the Petitioner's attorney had indicated that it would not recommend any imposition of sentence more than a civil penalty, not to exceed $150.00 and that it would be counsel for the Petitioner's suggestion that the Director of the Division of Beverage abide by the undersigned's recommendation. It is therefore RECOMMENDED that the Director of the Division of Beverage assess a fine in the amount of $100.00 against the licensee, Grace Industries, Ltd., Inc. DONE and ENTERED this 23rd 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 The Johns Building Tallahassee, Florida 32304 Dennis Katz, President Grace Industries, Ltd., Inc. 2410 Silver Street Jacksonville, Florida 32207
The Issue Whether Respondent's beverage license should be suspended or revoked, or a civil penalty assessed, for an alleged violation of s. 562.12, Florida Statutes, pursuant to s. 561.29(1)(b), F.S., as set forth in Notice to Show Cause issued by Petitioner on March 28, 1977. The hearing in this case was scheduled for 9:00 A.M. on December 8, 1977 at Petitioner's business address in Tallahassee, Florida. Notice of Hearing was sent to the Respondent on November 21, 1977 by mail. The notice of hearing was not returned by the Post Office as being undelivered. Neither the Respondent nor any representative in her behalf appeared at the hearing. Accordingly, the Hearing Officer advised counsel for the Petitioner that the matter would be conducted as an uncontested proceeding.
Findings Of Fact The Respondent Margaret P. Muse operates Club 40 located at Midway, Florida, and is authorized to sell beer and wine for consumption on the premises incident to a Class 2-COP license issued by the Petitioner. On August 15, 1976 at approximately 12:05 P.M., Gary Sams, a beverage officer with the Tallahassee field office of the Petitioner, accompanied by a reliable informant, went to the vicinity of Respondent's licensed premises. There, Sams searched the informant and found that he possessed no alcoholic beverages or currency. Sams gave the informant $5.00 and told him to go to the residence immediately east of the licensed premises. The informant entered the house, remained approximately 5 minutes and returned to Sams with a one-half pint unsealed bottle of Calverts Extra whiskey and a twelve-ounce sealed can of Schlitz beer in his possession. The informant told Sams that he had purchased the liquor from one Lou Ethel Palmer for $2.75 and that she had obtained it from a room in the house. Sams and the informant initialed the containers and Sams took them to the evidence room of his agency where they remained until the date of the hearing (testimony of Sams, Petitioner's Exhibit 1). On August 22, 1976 at approximately 10:30 P.M., Sams returned to the premises with the same informant, and followed the same procedures as to a prior search of his person and directions to enter the residence again. Sams observed the informant do so where he remained for a period of time and then returned to Sams outside and turned over a one-half pint unsealed bottle of Calverts Extra whiskey. The informant stated that while in the residence, he had ordered the whiskey from Palmer, but that another female in the house had gone outside to obtain the whiskey. When she returned with it, the informant paid her $2.75 for the same. By the informant's description of the female who had sold the whiskey to him, Sams determined that she was the Respondent Margaret P. Muse. The two men initialed the container and Sams placed it in the evidence room of his agency where it remained until the date of this hearing (testimony of Sams, Petitioner's Exhibit 2) On August 23, 1976, warrants authorizing search of the Palmer residence were obtained by Petitioner. On August 29, Sams and deputy sheriffs of Gadsden County proceeded to the residence in question where they were admitted by Muse. Arrest warrants were served on Muse and Palmer and the premises were searched. In the bedroom several half pints of vodka and whiskey were found and seized. Two cases of 12-ounce cans of Schlitz beer were found in an outbuilding adjacent to the house and also seized. Muse stated at the time that the beer was being stored in the outbuilding for the purposes of sale at the licensed premises (testimony of Sams).
Recommendation That the charge against Respondent, Margaret P. Muse, be dismissed. DONE and ENTERED this 16th day of December, 1977, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Francis Bayley, Esquire Department of Business Regulation The Johns Building Tallahassee, Florida Mrs. Margaret P. Muse P.O. Box 116 Midway, Florida 32343 PETITIONER'S EXHIBIT 1 One half-pint bottle labeled "Calvert Extra" (half full of liquid) One sealed can (12 ounce) Schlitz beer PETITIONER'S EXHIBIT 2 One full unsealed half-pint bottle labeled "Calvert Extra"
Findings Of Fact Petitioner holds a 1-COP beverage license which authorizes the sale of beer only for consumption on the licensed premises. Personal service of the Notice to Show Cause was made on an employee operating the premises on August 23, 1976. Service of the Notice of Hearing was placed in the door of Country Inn while the Inn was not open for business. The employee of the licensee who received service of the Notice to Show Cause appeared at the hearing. On July 9, 1976 two beverage agents visited the Country Inn around 10:00 P.M. Upon checking around the premises they found: One partial quart of Smirnoff vodka 80 proof; 1 partial one fifth gallon of Smirnoff vodka 80 proof; 1 one fifth gallon of Barcardi light rum; 1 almost full one fifth gallon Pinch scotch whiskey; and 1 partial one fifth gallon of Mogan David blackberry wine. These alcoholic beverages were seized, labeled and produced at the hearing. A description of these beverages as noted above was substituted for the beverages which was admitted as Exhibit 2. The beverages described above had been brought onto the premises by Robert Jordan Jr. for his personal consumption.
The Issue Was the Petitioner's application denied for good cause and is the Petitioner entitled to the beverage license for which he applied?
Findings Of Fact Henry McCalister and Willie Mack applied for a beverage license to the Division of Alcoholic Beverage and Tobacco, Department of Business Regulation. Willie Mack was notified that this application was to be denied because he had been convicted of a felony within the past 15 years pursuant to Section 561.15, Florida Statutes. He was further advised that he was entitled to a hearing pursuant to Section 120.57, Florida Statutes. The Respondent failed to produce at hearing any evidence of Mack's conviction of a felony.
Recommendation Based on the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the Respondent issue the applicant the beverage license for which they applied. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 6th day of September, 1978. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Mr. Willie Mack 834 Robinson Avenue Jacksonville, FL 32209 Francis Bayley, Esq. Division of Alcoholic Beverages and Tobacco 725 South Bronough Street Tallahassee, FL 32304
