Findings Of Fact Willie Norman, Jr. d/b/a Paradise Cafe holds 2-COP beverage license and was so licensed at all times here relevant. In August, 1977 Willie Norman was in the hospital where he had a gall bladder operation. During this time on August 7 and 14, Gainesville police officers observed the Paradise Cafe open after hours on consecutive Sunday nights. Gainesville City Ordinance No. 2082 (Exhibit 9) prohibits the sale of alcoholic beverages on Sundays after 11 p.m. in the city of Gainesville. On 7 August 1977 the police found the establishment open at approximately 3 a.m. with 30 to 40 patrons in the premises and Ike Norman apparently in charge. The following Sunday night on August 14 the police raided the premises at 11:30 p.m. on Sunday night and found 40 to 50 patrons in the establishment with Ike behind the bar and Manuel Norman serving beer. When Manuel Norman was arrested, Ike stated that he (Ike) was running the business because the licensee was sick and that if anyone was to be arrested it should be him. After receiving the police reports, the premises were inspected by beverage agents on 30 August 1977 and Ike Norman told the agent that he was running the business for his son, the licensee, who was home sick. On 7 October 1978 two beverage agents entered the Paradise Cafe on a routine inspection, and, while looking in the men's room, one of the agents observed a brown paper bag, the contents of which he found suspicious. A subsequent analysis of the contents disclosed that the bag contained 14 grams of cannabis. No evidence was presented that licensee or any employee of licensee knew or should have known that the cannabis was on the premises. Willie Norman, Jr., Ike Norman and Manuel Lee Norman are brothers. Ike was the licensee of the cafe several years ago when it was named the Red Top Cafe. In 1973, Ike was convicted of possession of alcoholic beverages for sale without a license. He sold the business to his brother, Willie, who took over the lease and first became licensed in 1975-76. According to Willie's testimony, while he was in the hospital during the month of August, 1977, he left Manuel Norman in charge. He was aware that Ike could not legally be employed at the business because of Ike's criminal record. Willie expressed no knowledge of any of the other charges preferred against his license.
Findings Of Fact At all pertinent times, respondent has held License No. 23-800 S 4 COP, issued by petitioner. Respondent owns and operates the Singapore Hotel on Miami Beach in Dade County, Florida. Jerrold Bloom became a stockholder in respondent on or about April 1, 1965, acquiring a one-fortieth interest in the corporation, which he held until April 10, 1981, at which time he sold his entire interest in respondent (two and a half shares) to Verna Bloom. Respondent's Exhibits Nos. 3, 4 and 5. This sale occurred after respondent filed suit seeking an injunction requiring Jerrold Bloom to divest himself of all ownership interest in respondent. Singapore J. V., Inc. v. Jerrold Bloom, No. 01-5063 (Fla. 11th Cir.). Respondent's Exhibit No. 6. At no time was Jerrold Bloom an officer or employee of respondent, nor did he ever have any voice in respondent's operations. Be has not been in the Singapore Hotel three times in the last 20 years. (Testimony of Meyer Wassell) On April 5, 1978, Jerrold Bloom was convicted of securities price manipu1ation, a felony, in violation of Title 15, U.S.C., 78 i (a)(1)(b) and 78 ff (a) and 18 U.S.C., 2, in the United States District Court for the Eastern District of Pennsylvania. Petitioner's Exhibit No. 1.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner dismiss the administrative complaint filed against respondent. DONE and ENTERED this 15th day of May, 1981, in Tallahassee, Leon County, 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 15th day of May, 1981. COPIES FURNISHED: Dennis E. LaRosa, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Sy Chadroff, Esquire Suite 800 200 Southwest First Street Miami, Florida 33131 Charles A. Nuzum, Director Division of Alcoholic Beverages and Tobacco 725 South Bronough Street Tallahassee, Florida 32301
The Issue The issue in this case is whether the Petitioner, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco (DABT), should revoke, suspend, or otherwise discipline the alcoholic beverage license number 13-153, Series 5-COP, issued to the Respondent, Tupelo Management, Inc., doing business as Pastime, a bar located at 3602 West Highway 98, Panama City, Florida, upon the following grounds alleged in DABT's Notice To Show Cause issued May 2, 1984: On or about March 7, 1984, you, Tupelo Management, Inc., d/b/a the Pastime, licensed under the beverage laws, your agent, servant or employee, to wit: Margie, did violate F.S. 561.29(1)(a), to wit: did sell or deliver marijuana to Investigator Moore on your licensed premises in violation of F.S. 893.13. On or about March 12, 1984, you, Tupelo Management, Inc., d/b/a the Pastime, licensed under the beverage laws, your servant, agent or employee, to wit: Margie, did violate F.S. 561.29(1)(a), to wit: did sell or deliver marijuana to Detective Moore on your licensed premises in violation of F.S. 893.13. On or about March 23, 1984, you, Tupelo Management, Inc., d/b/a the Pastime, licensed under the beverage laws, your agent, servant or employee, to wit: Teresa, did violate F.S. 561.29(1)(a), to wit: did deliver marijuana to Investigator Moore on your licensed premises in violation of section 893.13. On or about March 26, 1984, you, Tupelo Management, Inc., d/b/a the Pastime, licensed under the beverage laws, your agent, servant, or employee, to wit: Margie, did violate F.S. 561.29(1)(a), to wit: did sell or deliver marijuana to Investigator Moore and Officer Russ on your licensed premises in violation of Section 893.13. On or about April 2, 1984, you, Tupelo Management, Inc., d/b/a the Pastime, licensed under the beverage laws, your servant, agent or employee, to wit: Margie, did violate F.S. 561.29(1)(a), to wit: did sell or deliver marijuana to Investigator Moore and Officer Russ on your licensed premises in violation of Section 893.13. On or about April 9, 1984, you, Tupelo Management, Inc., d/b/a the Pastime, licensed under the beverage laws, your servant, agent or employee, to wit: Margie, did violate F.S. 561.29(1)(a), to wit: did sell or deliver marijuana to Investigator Moore and Officer Russ on your licensed premises in violation of Section 893.13. You, Tupelo Management, Inc., d/b/a the Pastime, licensed under the beverage laws, between March 7, 1984 and the date of service of this Notice to Show Cause have maintained a public nuisance on your licensed premises, to wit: a place or building which is visited by persons for the purpose of unlawfully using, keeping, selling and/or delivering controlled substances in violation of Chapter 893, Florida Statutes, such being a violation of: (a) Florida Statutes 823.10 and 561.29(1)(c); (b) Florida Statutes 823.01 and 561.29(1)(a). You, Tupelo Management, Inc., d/b/a the Pastime, licensed under the beverage laws, between March 7, 1984 and the date of this Notice to Show Cause have maintained your licensed premises as a place resorted to by persons selling controlled substances in violation of Chapter 893, Florida Statutes, in violation of Sections 893.13(2)(a)5 and 561.29(1)(a), Florida Statutes.
Findings Of Fact Based on the testimony of the witnesses and the exhibits admitted in evidence at the hearing, I make the following findings of fact: At all times relevant and material to this case, Tupelo Management, Inc., has been the holder of alcoholic beverage license number 13-153, Series 5- COP, issued for the premises known as the Pastime, located at 3602 West Highway 98, Panama City, Florida. Mr. John Michael Whitfield is, and was at all relevant and material times, the president of Tupelo Management, Inc. Mr. Whitfield and his wife own all of the stock of Tupelo Management, Inc. Mr. Whitfield first opened the Pastime on May 18, 1977. At that time it was a small beer and wine bar with five pool tables. Over the years the business grew and in August of 1983 Mr. Whitfield purchased a 5-COP license for the Pastime. Prior to the events giving rise to this case, the Pastime had only been cited by the DABT for two violations. The first violation occurred during the first year of Pastime's operation. It concerned the wording of an advertisement on the exterior of the building. A DABT agent wrote a report or citation and the sign was promptly removed. No penalty was imposed as a result of that event. The second violation occurred during January of 1984. On that occasion the DABT agents found two minors on the licensed premises. The January 1984 violation was resolved by stipulation, pursuant to which Tupelo Management, Inc., paid a civil penalty in the amount of $250.00. The Bay County Sheriff's Department began an investigation of the Pastime in March of 1984 on the basis of information that illegal drug activity was occurring on the licensed premises. Mr. Floyd M. Moore, Jr., an investigator with the Bay County Sheriff's Department, went to the licensed premises the evening of March 7, 1984. Investigator Moore was introduced by a confidential informant to a waitress named Margie Adams, who was employed on the licensed premises. Investigator Moore asked Margie Adams if she could obtain some marijuana and she answered in the affirmative. Investigator Moore left the premises and returned at approximately 7:45 P.M. that same evening. He made contact with Margie Adams again. Margie Adams made a telephone call and then told Investigator Moore the marijuana would be there a short time later. At about 8:45 P.M. Margie Adams asked Moore how the transaction could be made. At Moore's suggestion they went to a table on the licensed premises and Margie Adams handed Investigator Moore a clear plastic bag containing marijuana. The plastic bag was covered when it was given to Investigator Moore. Investigator Moore paid Margie Adams $35.00 for the marijuana. On March 12, 1984, at approximately 7:45 P.M. Investigator Moore and Beverage Officer Rodney Russ entered the Pastime. After Investigator Moore introduced Margie Adams to Russ, Margie asked Moore if he had liked what she had previously sold him and agreed to get another bag for Moore, stating that it would just take a phone call. Margie spoke to a female waitress for a few minutes, after which she went behind the bar and made a telephone call. She thereafter returned to the officers and stated that the marijuana would arrive in approximately 30 minutes and asked that Investigator Moore pay her at that time to avoid confusion when it arrived. Investigator Moore gave Margie $35. At approximately 8:45 P.M. Margie told Investigator Moore that the merchandise had arrived and asked him to walk to the end of the bar. Moore went to the end of the bar located next to the dart board, where there was a lot of activity and numerous people, and Margie handed him a white paper napkin covering a plastic baggie of marijuana. On the evening of March 19, 1984, Investigators Moore and Russ returned to the Pastime. The officers each ordered one-quarter ounce of marijuana from Margie Adams but she stated that the person she was getting it from was not home so it would take some time. The officers observed Margie making a phone call, after which she told them that it would be approximately one hour before she could deliver. The officers left the Pastime and returned at approximately 9:00 P.M. The officers entered into a conversation with a male patron who told them there was a man in the pool room trying to sell marijuana. Investigator Moore told the patron to tell the man in the pool room that they were interested in buying. The patron went to the pool room and spoke to a male, who later came over to the officers and introduced himself as George. George (who was later identified as George W. Osborne) told the Officers that he had heard they were interested in buying, and Moore explained that they had ordered one-quarter ounce each but it did not look like it was going to arrive. George stated that he could sell them one-quarter ounce for $35.00 and the officers agreed to buy it. George left the officers and went to speak with Margie Adams. He returned shortly and asked the officers if they were getting their marijuana from Margie Adams. Russ stated that he would rather not say, and George said it was okay because he and the waitress were getting from the same person and that he and Margie had discovered that they were each ordering for the same persons. Russ told Margie that he did not want to cut her out of a sale, and she stated that it was okay to buy from George, that it was just like buying from her and she would get credit for the sale. During the time that Russ was talking to Margie, George handed Investigator Moore an orange tablet which he stated was a Preludin. Shortly thereafter, the officers and George walked outside to a motorcycle parked near the door and George laid two plastic baggies containing marijuana on the seat of the motorcycle. Each officer obtained one of the baggies of marijuana and each paid George 535.00. On March 22, 1984, Investigators Moore and Russ returned to the pastime. Margie was not on duty that night. Moore and Russ spoke to two waitresses who were on duty, Karen and Sionna, and told the waitresses they had purchased marijuana from George and were waiting to buy some more from him. The officers asked Sionna if George was an all right guy to deal with and she said that he was. Later that evening when George entered the Pastime he spoke to Sionna and then went back outside where the officers observed him talking to customers near the front door. A few minutes later George approached the officers and asked how they had liked the marijuana he had sold them. The officers said it had been fine and they asked George if he could obtain some more marijuana and some more "speed" or Preludin. George said he could obtain both and he left the premises on his motorcycle. When George returned he approached Investigator Russ and handed him five orange tablets which were supposed to be "speed" or Preludin. Investigator Russ paid George $25.00 for the tablets. George told the officers he had been unable to obtain marijuana, but would have some the following morning. The five tablets sold to Investigator Russ were later tested and found to contain caffeine, but they did not contain any controlled substances. On March 22, 1984, Detective Jonathan McNeil and Investigator Pam Hellett were also at the Pastime. They were seated at a booth with other officers. A male who identified himself as Phillip (later identified as Leroy Phillips) sat with the officers for a while. He got up to leave and told Detective McNeil that he would be back, he just needed to find something for his head. When he returned, McNeil asked Phillips where he could get something for his head and Phillips got up and said that he would go see his sister, he knew she had something. Phillips later identified his sister as Gloria, the manager of the Pastime. When Phillips returned to the table, he pulled a package of cigarettes from his pocket and showed Detective McNeil two small white square pieces of paper under the cellophane portion and stated that they were two hits of acid. McNeil paid Phillips $10.00 and took the two pieces of paper and inserted them into his cigarette package. Phillips told McNeil that the acid was "Mr. Natural." The pieces of paper were subsequently tested and found to contain LSD. The male previously identified as George came and sat with the officers and they began discussing whether a man seated at the next booth was a police officer. Investigator Hellett said to George, "Hurry up and give me everything you have," and George reached into his jacket and removed several orange tablets and some marijuana, which he placed in Investigator Hellett's lap. Hellett told George that she did not accept anything that she did not pay for and he asked how much she would like to buy. Detective McNeil asked George how much he was selling the tablets for and he stated that he would sell them to the officers for $3.00 apiece although he had sold them to other Persons for $5.00. McNeil agreed to buy five tablets and, in an attempt to be discreet, handed George $15.00 under the table. George handed the tablets to McNeil under the table, although McNeil stated that he was the only one trying to be discreet about the transaction. Investigator Hellett bought seven tablets from George in exchange for $21.00. George gave Investigator Hellett a small amount of marijuana and told her to try it and see if she liked it. The substance given to Investigator Hellett was subsequently tested and found to be marijuana, and the pills were tested and found to contain caffeine, but not to contain any controlled substance. Late in the morning on March 23, 1984, Investigator Moore went to the licensed premises to obtain the marijuana previously promised by George. George was not at the Pastime, and Moore talked to the bartender Teresa about being there to obtain marijuana from George. Teresa stated that George was probably getting it from "us." After conversing with Teresa about other drug transactions, Moore told Teresa that it looked like George was not going to arrive and Teresa stated that she would give him some. She put her purse on the bar and removed from it a small portion of marijuana and placed it in a napkin lying on the bar. Investigator Moore observed Mr. Michael Whitfield and his wife on the licensed premises, but neither of them were in sight at the time Teresa placed the marijuana on the napkin. Moore also talked to Teresa about cocaine and she said she could obtain some for him for $100.00 a gram. On March 26, 1984, Investigators Moore and Russ returned to the Pastime. They asked the waitress Margie Adams if she could get them a quarter ounce of marijuana. At first she said she could not, because she said she had had a fight with her supplier. Later she said she could obtain some marijuana from someone else, but that she did not know anything about the quality of the marijuana. The officers told Margie that they would trust her judgment on the matter. Investigator Russ paid Margie $40.00 for the marijuana, $5.00 of which was a tip for her. At about 8:55 P.M. that evening Margie Adams approached Investigator Moore. She had a napkin on a tray and told Moore that it was in the napkin. Investigator Moore took the napkin from the tray. Inside the napkin was a small plastic bag containing marijuana. On April 2, 1984, Investigators Moore and Russ returned to the Pastime. The waitress Margie Adams told the officers that she was leaving at 8:00 P.M. and Investigator Russ advised her that they would like to purchase one-quarter ounce of marijuana before she left. Margie stated that she would see what she could do and later came over and said that she had arranged for some marijuana to be delivered and that if it did not arrive before she left, one of the other waitresses would deliver it to them. A short time later Margie returned and showed Investigator Russ a towel on her tray. A plastic baggie of marijuana was under the towel. Investigator Russ took the plastic baggie of marijuana and paid Margie for it. Then he placed the baggie on the table and both investigators wrote their initials on it. On April 9, 1984, Investigators Moore and Russ returned to the Pastime. Margie Adams approached the officers and Russ asked whether she could get them some more of the same marijuana. She said she could and asked how much they wanted. The officers openly discussed the amount to be purchased and agreed upon one-half ounce, which Margie stated would be cheaper than purchasing two one-quarter ounces. Russ asked Margie if she could get some LSD or acid. Margie later came over to the officers and stated that the marijuana had arrived but that she could not deliver it because an undercover officer was seated at the bar. Margie later returned and sat beside Moore and handed him a white napkin covering a clear plastic baggie of marijuana. The officers paid her for the marijuana. Margie told them that she had not been able to get any acid. Investigator Russ told her he would be in town later on and would like to have a couple of hits of acid. On April 11, 1984, Investigator Russ went to the Pastime and asked Margie Adams if she had been able to obtain any acid or LSD. Margie said she had been unable to get it yet. Russ told her he was going to Montego Bay (another bar) and Margie said that if she was able to get the acid she would bring it to him at Montego Bay later that night. Russ paid her $20.00 for three hits of acid at $5.00 each, plus $5.00 as a tip for her. On April 16, 1984, Investigators Moore and Russ entered the Pastime to find out if Margie Adams had been able to obtain the acid Investigator Russ had paid her for. Margie was not present when the investigators arrived. When she came in later, she told the officers she had been unable to obtain the acid since she had been out of town for her grandmother's funeral. George Osborne was on the premises and Investigator Moore asked George if he had a quarter- ounce of marijuana to sell. George stated that he could get it for them in a few seconds. George left and returned shortly, motioning to investigator Moore to follow him. Moore followed George to the restroom and George handed Moore a plastic baggie containing marijuana. As Moore was examining the baggie, two white males entered the restroom, observed George and Moore, commented on how nice the marijuana looked, and asked how much it cost. Officer Moore paid George $45.00 for the marijuana and returned to the table and handed the baggie to Russ. Russ opened the baggie in plain view of other patrons and smelled the contents. Margie Adams, who was waiting on another nearby table, observed the bag of marijuana and commented to the investigators that she saw that they had gotten what they were looking for. Russ then put the baggie of marijuana in his shirt pocket so that half of it was visible and visited around the bar for several minutes. One patron told Russ that he was about to lose something out of his pocket. On April 25, 1984, Investigators Moore and Russ entered the Pastime again. They asked Margie Adams if she had been able to obtain the acid Russ had paid her for. Margie told the investigators she had been unable to obtain the acid. Investigator Moore contacted George Osborne and asked whether George could get the officers a quarter-ounce bag of marijuana and also asked how long it would take. Shortly thereafter George and the two investigators walked outside to George's motorcycle and George removed from his shoe a wallet containing two plastic baggies. As George handed Moore one of the baggies, a white male walked up. George asked what he wanted and he said he wanted a bag. George went inside to make change for the $40.00 Moore had given him. While George was inside the white male said that he had been told to go to the Pastime if he wanted drugs. George returned with Moore's change and then walked around to the back of the establishment with the white male. The baggie George had handed to Moore contained marijuana. In brief summary of the foregoing, during the 7-week period from March 7, 1984, through April 25, 1984, the following events occurred on the licensed premises: 3/07/84 Employee Margie Adams sold marijuana to Investigator Moore. 3/12/84 Employee Margie Adams sold marijuana to Investigator Moore. 3/19/84 Employee Margie Adams agreed to sell marijuana to Investigator Moore and Russ, but she did not sell them anything that day. 3/19/84 Patron George Osborne, with the knowledge of employee Margie Adams, agreed to sell marijuana to Investigator Moore and Russ. (The actual sale took place outside the licensed premises.) 3/22/84 Patron George Osborne, with the knowledge of employee Sionna, agreed to sell marijuana and "speed," or Preludin to Investigators Moore and Russ, and actually sold 5 tablets to Investigator Moore which were supposed to he "speed," or Preludin. 3/22/84 Patron Leroy Phillips sold fro tabs of LSD to Detective McNeil. 3/22/84 Patron George Osborne gave some marijuana to Investigator Hellett, sold 7 tablets that were supposed to be "speed," or Preludin to Investigator Hellett and sold 5 of the same tablets to Detective McNeil. 3/23/84 Employee Teresa gave some marijuana to Investigator Moore and told him she could obtain cocaine for him. 3/26/84 Employee Margie Adams sold marijuana to Investigators Moore and Russ. 4/02/84 Employee Margie Adams sold marijuana to Investigators Moore and Russ. 4/09/84 Employee Margie Adams sold marijuana to Investigators Moore and Russ and agreed to sell Russ some LSD. 4/11/84 Employee Margie Adams agreed to sell LSD to Investigator Russ and accepted payment for same, but did not deliver anything to him that day. 4/16/84 Patron George Osborne, with the knowledge of employee Margie Adams, sold marijuana to Investigator Moore. 4/25/84 Patron George Osborne agreed to sell marijuana to Investigators Moore and Russ. (The actual sale took place outside the licensed premises.) The vast majority of the drug transactions described above were accomplished in a relatively discreet manner. Most of the transactions took place in a booth and involved delivery of marijuana that was covered with a towel or a napkin. During the period of the investigation which led up to this case, the police officers and DABT investigators did not see any illegal drug usage or any illegal drug transactions on the licensed premises other than the ones they were personally involved in. Mr. John Michael Whitfield, the President of Tupelo Management, Inc., and co-owner with his wife of all of the corporation's stock, takes an active role in the management of the business because it is his family's sole source of income. He usually visits this licensed premises six days per week and he spends between 40 and 50 hours per week at the licensed premises. Mr. Whitfield is well educated. His formal education includes a Bachelor of Science degree in Social Welfare and a Master's degree in Social Work, both from Florida State University. After receiving his Master's degree, Mr. Whitfield was employed for three years as the Assistant Director of the Mental Health Center in Panama City, Florida. Thereafter he also worked for a year as Director of the Gerontology program at the same Mental Health Center. His work at the Mental Health Center included work in the area of drug abuse and alcoholism programs. Mr. Whitfield has never used any type of illegal drugs and is opposed to the use of illegal drugs by others. Mr. Whitfield has a very responsible attitude towards the fulfillment of his obligations and responsibilities as an alcoholic beverage licensee. For example, prior to January 1984, Mr. Whitfield had always used his own employees as doormen to check identification of patrons. Immediately after two minors were found on the licensed premises in January of 1984, Mr. Whitfield not only fired the doorman who was on duty that night, but arranged with Florida Security Service to provide extra uniformed security personnel to check the identification of patrons. When Mr. Whitfield met with DABT representatives concerning the problem with the two minors, he was advised that the two major priorities of the DABT were minors and drugs. Mr. Whitfield had several meetings with all of his employees in which he told them explicitly that he did not want to have any problems with minors or drugs on the licensed premises. He told all of the employees that they would be fired if they were responsible for any problems on the licensed premises related to minors or drugs. He also told the employees they would not be given any second chances about such matters, but would be fired for a first offense. Prior to May 2, 1904, when the Notice To Show Cause was served on the Pastime, Mr. Whitfield had never seen anything that caused him to suspect there was a drug problem at the Pastime. The security service never told him that there was a drug problem at the Pastime or that they suspected a drug problem. The uniformed police officers who walked through the Pastime practically every night never told him he had a drug problem on the licensed premises. Mr. Whitfield usually requires prospective employees to fill out a written application form. He usually does not check references, but he usually does check with prior employers. Mr. Whitfield will not hire people who have previously worked in what he considers to be dives. His usual employment practices notwithstanding, Mr. Whitfield has occasionally failed to require a written application and has occasionally failed to check the background of new employees. Some of the employees and former employees he failed to check were the causes of the present charges against Mr. Whitfield. One former employee whose background was not checked was George Osborne. Mr. Whitfield has barred several patrons in the past for improper conduct on the licensed premises and he has barred a suspected drug dealer from patronizing the Pastime. The DABT sent a letter to all alcoholic beverage licensees in south Florida in March of 1984 advising them of the DABT's priorities. The main priorities were the prevention of sales of alcoholic beverages to minors and the prevention of illegal drug activities on the licensed premises. The letter was not sent to alcoholic beverage licensees in north Florida, but will be sent to them later.
Recommendation For all of the foregoing reasons I recommend that the Division of Alcoholic Beverages and Tobacco enter a Final Order finding that the Respondent has violated Sections 561.29(1)(a) and (c), Florida Statutes, ordering the Respondent to pay a civil penalty of five hundred dollars ($500.00) for each of the violations charged in the first six paragraphs of the Notice To Show Cause (a total of three thousand dollars), and suspending the Respondent's alcoholic beverage license for a period of six months. DONE and ORDERED this 29day of October, 1984, at Tallahassee, Florida. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of October, 1984.
The Issue Whether or not on or about April 3, 1979, Terwell, Inc., d/b/a Nite Gallery II, licensed under the Beverage Law, its servant, agent, or employee, one Rina Norman, did solicit Robert Hutter for the purpose of committing a lewd act, to-wit; fellatio, contrary to Section 796.07, Florida Statutes, and Section 561.29, Florida Statutes. Whether or not on or about April 3, 1979, Terwell, Inc., d/b/a Nite Gallery II, licensed under the Beverage Law, its servant, agent, or employee, one Heather Lovell did commit a lewd act, to-wit; oral copulation on one Steven Lee Hobson, contrary to Section 796.07, Florida Statutes, and Section 561.29, Florida Statutes. Whether or not on or about April 12, 1979, Terwell, Inc., d/b/a Nite Gallery II, licensed under the Beverage Law, its servant, agent, or employee, one Susan Edith Laursen, did commit a lewd act, to-wit; fellatio, on one Norman Eric Williams, contrary to Section 796.07, Florida Statutes, and Section 561.29, Florida Statutes. Whether or not on or about July 20, 1979, Terwell, Inc., d/b/a Mite Gallery II, licensed under the Beverage Law, its servant, agent, or employee, one Connie Nadine Reeves did solicit Beverage Officers F. J. Dunbar and P. M. Roberts for the purposes of prostitution, contrary to Section 796.07, Florida Statutes, and Section 561.29, Florida Statutes.
Findings Of Fact The Respondent in this cause is Terwell, Inc. This corporation is the holder of beverage license No. 58-1134, Series 2-COP, to trade as Nite Gallery II at a business premises located at 1720 Lee Road, Orlando, Florida. This license is held with the Petitioner, State of Florida, Division of Alcoholic Beverages and Tobacco, which organization has the responsibility of the licensure and regulation of those several business entities within the State that sell alcoholic beverages. On April 3, 1979, Officer Robert T. Hutter of the Orlando, Florida, Police Department went to the licensed premises at 1720 Lee Road. Officer Hutter was in the company of Police Officer Barrett of the same department. The two officers entered the bar in an undercover capacity and sat down and ordered a beer. After a moment, the officers were approached by a female who was a dancer in the licensed premises. The dancer's name was Rina Norman and in conversation Norman asked the officers if they wanted a "blow job" for $25.00. (This expression pertains to an offer to commit fellatio.) Rina Norman was subsequently arrested by Officer Hutter and was allowed to go to the back of the licensed premises to a dressing room area and to change from her "go go" outfit into street clothes. The suspect, Rina Norman, had also been seen dancing as a performer on the licensed premises prior to her apprehension. On the same evening, April 3, 1979, Officer Barrett had been contacted by two females in the licensed premises and from his encounter with those individuals determined to arrest them for assignation to commit prostitution or lewdness. The officer went outside briefly and then reentered the licensed premises to look for the two suspect females. One of the areas which he examined in his search for the suspects was an area in which there are two booths with curtains across the front opening of the cubicles. These booths are located down a hall leading to the female dancers' dressing room area which is on the west side of the bar. In looking in one of the booths, Officer Barrett pulled hack the curtain and found a woman identified as Heather Lovell committing an act of fellatio on a man who was in the booth with her. Lovell was-wearing a "go go" costume at the time she was seen involved in this activity. She was placed under arrest and went to the dressing room area to put on street clothes after the arrest was effected. The dressing room area which Lovell used was the same area used by Rina Norman. Lovell had also been seen by Officer Barrett in the licensed premises at an earlier time on the evening of April 3, 1979. Officers Hutter and Barrett went back to the licensed premises in the company of Beverage Officers Wallace and Boyd on April 12, 1979. At that time, Officer Hutter went to the booth area spoken of before to investigate for lewd acts. When Officer Butter pulled back the curtain to one of the booths, he observed Susan Laursen performing fellatio on a man located in the booth with her. Laursen and the man were arrested and Laursen went back to the dressing room area mentioned before to change into her street clothes. Beverage Officers Dunbar and Boyd returned to the licensed premises on July 20, 1979, at around 11:35 p.m. for the purpose of investigating alleged prostitution which was occurring in the licensed premises. The two officers seated themselves inside the bar area and they were approached by Connie Nadine Reeves, who sat by them and asked them if they would like to have a private party in the back, which would include nude dancing and a "blow job", meaning fellatio. Officer Dunbar asked if this entertainment was free and Reeves replied that, "No, the 'blow job' (fellatio) is $25.00 and dancing is $10.00." Beverage Officer Roberts had not heard this overture from Reeves and Dunbar asked Reeves to repeat her statements, which she did. Roberts then went with Reeves to the back part of the area of the hallway and the two booths which have been mentioned before. Beverage Officer Dunbar went outside to pain the assistance of the other Beverage Officer and the local police officers for purposes of effecting an arrest of Connie Nadine Reeves. Roberts followed Reeves down the hallway and into one of the booths. Reeves had motioned Roberts to follow her to this location. Reeves repeated the statement that it would cost $25.00 for a "blow job" (fellatio) and Roberts gave her $30.00 and she replied that she would keep $5.00 for a tip. Roberts seated himself on a chair in the room and Reeves told him to "Go ahead and pull it out" and he replied that he was not turned on and that she should dance. Reeves took her clothes off and danced for a few moments and then there was some problem with the music and she yelled out of the room for someone to get the jukebox working. This problem with the jukebox occurred a couple of times. At this point, Roberts arrested Reeves for violation of Section 796.07, Florida Statutes, pertaining to lewd acts. In the interim, Beverage Officer Dunbar and the other law enforcement officers had entered or reentered the licensed premises and attempted to go up the hallway to the booth area and were confronted by a number of females in "go go" attire who tried to keep them from going into that area and in doing so stated that the area was private and was to be used by employees only, referring to the area of the booths. Officer Dunbar went back to the booth where Roberts had made his arrest and at this point Reeves was protesting her arrest and acting belligerent. Dunbar left that location and met Beverage Officer Wallace, who was talking to Ron Wells, a corporate officer of the Respondent. Wells was asked to go with Dunbar to try to convince Reeves to accompany the officers without further incident. The officers asked Wells if Reeves were his employee and Wells responded that she was. Wells was then told by Dunbar to straighten her out, meaning that if she did not get dressed they would take her into custody without clothing. Wells then talked to Reeves and she left and went to the dressing room mentioned before in this case and dressed herself. Reeves also stated that she was an employee at the licensed premises.
Recommendation It is, therefore, RECOMMENDED that the beverage license of the Respondent, Terwell, Inc., No. 58-1134, Series 2-COP, which allows the Respondent to trade as Nite Gallery II in a business premises located at 1720 Lee Road, Orlando, Florida, be REVOKED. DONE AND ENTERED this 10th day of March, 1980, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, enter a final order suspending alcoholic beverage license number 39-0992, series 4-COP, for two years, beginning September 19, 1984, but also providing that the suspension will be lifted on the condi- tion that and so long as: The licensee gives assurances satisfactory to the DABT that it employ a qualified security guard during business hours for purposes of preventing the use, sale or delivery of illegal drugs and preventing illegal drink solicitations on the premises; The licensee prominently posts signs satisfactory to the DABT in content, form, and placement and easily visible to patrons and employees giving notice of the licensee's policy that violations of the law will be reported to the proper authorities and will result in termination of employees and exclusion of non- employees from the premises; The licensee and its employees enforce the policy described in subparagraph 2. above; The licensee gives assurances satisfactory to the DABT that it holds meetings with all employees at least once a week to reemphasize the policies set forth in subparagraph 2. above; The licensee screen all employees and prospective employees in an manner satisfactory to the DABT. RECOMMENDED this 28th day of November, 1984 in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 November, 1984.
The Issue The Division of Beverage seeks to assess a civil penalty against, or to suspend or revoke beverage license 23-748 issued to Respondent setting forth the following two reasons as alleged in the administrative complaint: 1/ That on June 2, 1975, investigation revealed that Respondent failed to disclose an interest of Daniel Guthry, in its sworn application dated February 4, 1971, contrary to Section 561.17, Florida Statutes. That, on or about June 16, 1975, investigation revealed that Respondent conspired to violate the beverage laws by permitting a person found not qualified, to engage in the business of selling or dealing in any way in alcoholic beverages, contrary to Florida Statutes, 562.23 to wit, Florida Statutes 561.17. Based upon my observation of the witnesses and their demeanor while testifying, I make the following:
Findings Of Fact Florence Fitzgerald is the mother of Daniel Guthry. Mr. Guthry is a graduate of the Cornell Hotel and Restaurant School and a graduate of the Miami Law School. While a student at the University of Miami Law School, Guthry opened a small restaurant known as the Ale House which was a college pub. It was successful until sometime in 1965 when a civil law suit was filed and the Ale House was closed. The contention of the Petitioner is that Guthry owned 100 percent of Specialty Taverns of America, Inc., and that he attempted to transfer the license from the Ale House to the Stable which was a restaurant located on 79th Street which was then owned by a Virginia Mariani. 2/ Petitioner alleges that Guthry attempted to effectuate this transfer while he had been previously denied a license based on a prior beverage law violation during his operation of the Ale House. Petitioner introduced checks indicating that Guthry had drawn checks to pay for salaries, beer and wine and other day to day operations of The Depot. Daniel Guthry was also the owner of Collegiate Marketing and Petitioner contends that Collegiate Marketing and Specialty Taverns, Inc., are interrelated corporations and through this interrelationship, bills are paid for The Depot. Evidence was also introduced indicating that Guthry paid bills for both Collegiate Marketing and The Depot including phone bills and other personal items such as parking tickets, haircuts, medical and dental expenditures, property taxes, repair bills, stocks and other incidental items. The contention is further made that Guthry holds himself out as being the owner of The Depot and that while he operated the Stable, he wanted a 4-COP license which is a license which allows the licensee to sell mixed drinks, beer and wine whereas he then owned a 2-COP license which only permitted him to sell beer and wine. A check was also introduced by Petitioner indicating that Guthry had drawn a check for $1,000 in payment to his mother, Mrs. Fitzgerald. Finally, the contention is made that by these acts, Guthry has free control of The Depot for all receivables and that there is absolutely no control by Fitzgerald over the licensed premises. It is further alleged that Guthry advised several persons including suppliers that he was the owner of The Depot. At the conclusion of the Petitioner's case, Respondent moved for a dismissal based on an allegation that Petitioner had advanced no evidence indicating that there was a conspiracy nor was there any evidence of any intent or interest on the part of Daniel Guthry. The undersigned denied the motion for dismissal inasmuch as there was, at least in the undersigned's opinion, sufficient evidence to indicate that a prima facie case had been established. Richard H. W. Maloy, an attorney practicing since 1953 in Dade County, Florida, indicated that he has represented Florence Fitzgerald in sundry matters since 1968 and he also represented Daniel Guthry during the late 1960's. Guthry approached Maloy sometime in the early `70's about forming a corporation to purchase the license on 79th Street (The Stable). Maloy checked with the Secretary of State to see if the corporate name, Specialty Taverns, Inc., was available and when he determined that it was, articles were drawn up showing that Guthry owned 80 percent of the shares while Maloy owned 10 percent and another undisclosed person owned the remaining 10 percent. The corporation was formed on February 4, 1970. According to Maloy, Guthry wanted to make application immediately with the Division of Beverage to effectuate a transfer and personal data forms were submitted on Guthry, Mr. Hanson and Mr. Maloy to the Division of Beverage. On February 5, 1970, a signed application was submitted to the Division of Beverage and on the following day a health inspection was made of the premises. Maloy was advised on February 11, that the stock was to be transferred to Fitzgerald and not Guthry. It should be noted that at that point, the license transfer application had been filed. This advice came to Maloy via a telephone call from Mrs. Fitzgerald who advised that she had tendered all the money and was liable for all the other obligations for the premises in question. At that time, all stock rights were given to Mrs. Fitzgerald and while Guthry remained as president, he owned no stock. He testified that he was unaware that Guthry had previously made application to the Division of Beverage and had been rejected when the above referenced application was submitted. According to the evidence, that application was filed on or about February 20, 1970 and Guthry listed himself as being the owner of the Stable. A report was rendered to the Division of Beverage on April 3, 1970, indicating that Guthry had violated the beverage laws while he operated the Ale House in the late 1960's. Maloy received a certified copy of Guthry's beverage violation at the Ale House on April 17, 1970. The Division of Beverage denied his application on May 12. Mr. Kimbrow advised Maloy that since Mrs. Fitzgerald owned all the stock etc., that she should submit her application for the license transfer and this was done on February 4, 1971. On May 22, 1970, Guthry resigned as president of Specialty Taverns of America, Inc. On April 14, 1971, the transfer application was approved and it was transferred from Mrs. Morioni, the prior owner to Mrs. Fitzgerald. On October 1, 1971, the license fee of $1,750 was paid. The license was held in escrow until February 11, 1972. During the period February to May of 1972, plans were made by Fitzgerald to purchase the restaurant and during that period, all ideas regarding its operation were formulated by Guthry. Maloy testified that he frequents the restaurant on a regular basis and he has witnessed both Daniel Guthry and Mrs. Fitzgerald present and he is personally aware that Mrs. Fitzgerald is the sole owner of the Depot's stock. He also testified that Guthry exercises managerial authority. Mrs. Fitzgerald testified that she is very active in the business and she hires and fires employees. She maintained records of checks and reconciles all cancelled checks. She owns the company outright and purchased it in part by obligating herself for a $50,000 mortgage from the First National Bank of South Miami. She testified that her son Daniel Guthry, only manages the restaurant. She testified that while he manages the restaurant, she maintains absolute control over the entire operation and that Guthry received no benefit from the appreciation of the business. Guthry testified that the Depot was opened on February 8, 1974. He testified that he can only hire and fire employees with his mother's consent and that he never invested any money in the Depot. Arnold Hampton, a certified public accountant, for the Depot, testified that the corporation has had a net loss carried forward at least since 1974, and that Fitzgerald advanced loans to the corporation on an as needed basis. He testified that checks were used to repay the loans that she had advanced, which according to him were the checks received into evidence. Barry Tamlon, an employee at the Depot and a prior employee of the Ale House since 1966, testified that he was the former manager of the Ale House. He testified that Fitzgerald manages the Depot on a continuous basis and that Guthry does so incidentally, during his extensive travels on an intermittent basis. Mrs. Fitzgerald testified that her son only derives prestige and fulfillment from operating a successful restaurant but that he receives no economic compensation other than incidental expenses. In conclusion she testified that he received no profits from the corporation and has no obligations to repay any of its bills. Based on the above facts, the undersigned finds that there is insufficient evidence to establish that Mrs. Florence Fitzgerald and her son Daniel Guthry engaged in a conspiracy to violate the beverage laws as alleged or that Respondent failed to disclose the interest of Daniel Guthry. It is clear from evidence introduced that Guthry has no ownership or other interest in the licensed premises. Mrs. Fitzgerald whose testimony as corroborated by Maloy lends support for Respondent's claim that Mrs. Fitzgerald is the sole owner of approximately eighty percent (80 percent) of the Depot's stock. While the evidence indicates that Guthry manages the Depot apparently without much restriction from Mrs. Fitzgerald, there has been no showing and no claim is made by Petitioner that a person who has previously violated a beverage law is incapable of managing a restaurant that has a beverage license. Based on these findings, I therefore conclude that Petitioner has failed to establish that Respondent has engaged in the conduct as alleged in its administrative complaint. I shall therefore recommend that it be dismissed in its entirety.
Recommendation Based on the above finding and conclusions, I recommend that the complaint filed herein be dismissed in its entirety. DONE and ENTERED this 21st day of September, 1976, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: The Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, enter a final order dismissing the charges against respondent, R. Hughes, Inc. d/b/a The Odyssey, contained in the Notice To Show Cause in this case. RECOMMENDED this 6th day of December, 1984, in Tallahassee, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9673 Filed with the Clerk of the Division of Administrative Hearings this 6th day of December, 1984.
The Issue This case was presented through a Notice to Show Cause/Administrative Complaint filed by the Petitioner, State of Florida, Division of Alcoholic Beverages and Tobacco, against the Respondent, Norma D. Kettering, t/a Fancy Dancer, in which the requested relief is for the imposition of civil penalty, suspension or revocation of the beverage license allegedly held by Norma D. Kettering. The Notice to Show Cause/Administrative Complaint contains the following accusations: "1. On or about the 27th of March, 1980, you, NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit "JOHN DOE" on your licensed premises, a public place, did unlawfully sell or deliver, or possess with intent to sell, or deliver, a controlled substance to wit; METHAQUALONE to one Robert R. Jones, Beverage Officer, for the sum of $3.50 each, U.S. Currency, contrary to F.S. 561.29 to wit F.S. 893.13. On or about the 27th of March, 1980, you, NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit; DEBORAH MARIE ALTIZER, a/k/a "GINGER", dancer, on your licensed premises, a public place, did unlawfully sell or deliver or possess with intent to sell or deliver a controlled substance to wit; METHAQUALONE, to one ROBERT R. JONES, Beverage Officer, for the sum of $3.50 each, U.S. Currency, contrary to F.S. 561.29 to wit; F.S. 893.13. On or about the 27th of March, 1980, you, NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit; TAMMIE R. FRANCIS, a/k/a "RINA", dancer, on your licensed premises, a public place, did unlawfully offer to commit an act of prostitution, by giving her body for sexual intercourse to one ROBERT R. JONES, Beverage Officer, for the sum of $50.00 U.S. Currency, contrary to F.S. 561.29 to wit; F.S. 796.07(3) (A). On or about the 9th of April, 1980, you, NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit KATHY JEANETTE BROWN, a/k/a "KATHY", dancer, on your licensed premises, a public place, did unlawfully offer to commit an act of prostitution, by giving her body for sexual intercourse to one C. E. LLOYD, Beverage Officer, for the sum of $100.00, U.S. Currency, contrary to F.S. 561.29 to wit F.S. 796.07(3) (A). On or about the 9th of April, 1980, you, NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit; KATHY JEANETTE BROWN, a/k/a "KATHY", dancer, on your licensed premises, a public place, did unlawfully offer to commit an act of prostitution, by giving her body for sexual intercourse to one C. E. LLOYD, Beverage Officer, for the sum of $100.00 U.S. Currency, contrary to F.S. 561.29 to wit F.S. 796.07(3) (A). On or about the 12th of April, 1980, you, NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit; "CINNAMON", dancer, did unlawfully offer to commit an act of prostitution on your licensed premises, a public place, by giving her body for sexual intercourse to one B.A. WATTS, JR., Beverage Officer, for the sum of $20.00 U.S. Currency, contrary to F.S. 561.29 to wit F.S. 796.07(3)(A). On or about the 12th of April, 1980, you NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit; TAMMIE R. FRANCIS a/k/a "RINA", dancer, did unlawfully offer to commit an act of prostitution on your licensed premises, a public place, by giving her body for sexual intercourse to one M. L. IMPERIAL, Beverage Officer, for the sum of $50.00 U.S. Currency, contrary to F.S. 561.29 to wit F.S. 796.07(3) (A). On or about the 13th of April, 1980, you, NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit; "TAMMY", dancer, did unlawfully offer to commit an act of prostitution on your licensed premises, a public place, by giving her body for sexual intercourse to one B.A. WATTS, JR., Beverage Officer, for the sum of $75.00, U.S. Currency, contrary to F.S. 561.29 to wit F.S. 796.07(3)(A). On or about the 13th of April, 1980, you, NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit; "LICORICE", dancer, did unlawfully offer to commit an act of prostitution on your licensed premises, a public place by giving her body for sexual intercourse to one M. L. IMPERIAL, Beverage Officer, for the sum of $75.00 U.S. Currency, contrary to F.S. 561.29 to wit F.S. 796.07(3)(A). On or about the 13th of April, 1980, you NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit; DEBORAH MARIE ALTIZER, a/k/a "GINGER", dancer, did unlawfully sell or deliver, or possess with intent to sell or deliver on your licensed premises, a public place, a controlled substance to wit; METHAQUALONE to one ROBERT R. JONES, Beverage Officer, for the sum of $4.00 each, U.S. Currency, contrary to FS. 561.29 to wit F.S. 893.13."
Findings Of Fact The Petitioner has complained against the named Respondent pursuant to those accusations as set forth in the issues statement of this Recommended Order. The Respondent requested a formal hearing to be conducted in accordance with the provisions of Subsection 120.57(1), Florida Statues, and although the Respondent did not attend the hearing, the Respondent having requested the hearing, the Petitioner's case was presented. The Petitioner in this cause, State of Florida, Division of Alcoholic Beverages and Tobacco, is an agency of the State of Florida which has its responsibility the licensure and regulation of the several beverage license holders in the State of Florida. Norma D. Kettering, who trades under the name of Fancy Dancer, is the holder of License No. 69-293, Series 2-COP, which allows for the consumption of alcoholic beverages on the premises. The license is for a premises at Highways 17 and 92, Fern Park, Florida. The facts reveal that Beverage Officer Robert R. Jones went to the licensed premises on March 27, 1980, to investigate alleged Beverage Law violations. Those violations dealt with offers by the agents, servants or employees of the licensee to commit acts of prostitution. Once inside the premises, Officer Jones was approached by a dancer in the premises whose stage name is "Ginger", who commented to Officer Jones that she was loaded on "Quaaludes". (The word "Quaalude" refers to the substance Methaqualone.) Officer Jones asked "Ginger" if she knew where he could get "Quaaludes". In response to this request, "Ginger" left the officer and went to an unknown white male who was seated in a chair in the establishment. He took two Methaqualones from his person and gave them to "Ginger", who in turn gave them to Officer Jones in return for money. On that same date, March 27, 1980, "Ginger" was seen to dance for the patrons while attired In a "G" string costume. She danced both on the main stage and in the area of the audience and was seen to receive money in exchange for her dancing. She was also referred to by the master of ceremonies as "Ginger". On March 27, 1980, Officer Jones was additionally approached by another dancer known as "Rina" who had been referred to by that name by the master of ceremonies who was announcing appearance of the dancers who were dancing on the main stage in the licensed premises. "Rina" then asked Jones if he wanted a "fuck." She explained to the officer that it would cost him $50.00; and that he would have to get rid of Beverage Officer Blanton, who was with Jones at the time. "Rina" also stated that she would "go more than once if she liked the first time". This conversation took place in the licensed promises. On April 13, 1980, Officer Robert R. Jones returned to the licensed premises and encountered the dancer, "Ginger" and paid her $4.00 each for two Methaqualone which she obtained after going to the dancers' dressing room in the licensed premises and returning to Officer Jones. On that date, "Ginger" was still performing as a dancer in the licensed premises. Beverage Officer C. E. Lloyd went to the licensed premises on April 9, 1980, as part of the investigation. While in the licensed premises, he was approached by a dancer, Kathy Brown, whose stage name is "Kathy", who asked Officer Lloyd if she could dance for him. He agreed to allow her to "lap dance". Beverage Officer Lloyd paid "Kathy" $5.00 for a "lap dance" she performed. This is a form of dance where the female dancer sits on the lap of the male patron and goes through a series of gyrations while a record is played. Officer Lloyd asked Brown what would happen when she "got things started". Brown stated that she could take care of everything for him after she got off from work for a price of $100.00. He asked her what that meant and she replied she could "give you a fuck for $100.00". After this conversation, dancer Brown was called by the master of ceremonies to dance for the benefit of those patrons in the licensed premises and she danced on the stage. She was wearing a bikini-type costume. The conversation between Lloyd and Brown was overheard by Beverage Officer James A. Jones, Jr., who was with Lloyd on the date in question. She told Jones that he could drive Lloyd and her in the car while she serviced Lloyd and then she said she would "fuck" Jones, also for $100.00. Lloyd and Jones left the licensed premises and Brown followed them and upon entering the officers' vehicle, Brown was arrested for offering to commit prostitution. On April 12, 1980, Beverage Officer Bethel Watts, Jr., was dispatched to the licensed premises to continue the investigation. While in the licensed premises on that date, he was approached by a female dancer whom he had seen perform on the stage as a dancer while wearing only a "G" string. This dancer had been referred to as "Cinnamon", with that reference being made by the master of ceremonies in the licensed premises. "Cinnamon" asked the Respondent if he wanted a "lap dance". He replied, "Yes" and the dancer sat on his lap and squirmed around for the duration of one record. The dancer then told Officer Watts that she could "give you anything you want right here." He stated that he could not afford it and she asked if he had $20.00. She further stated that she could, "give him a 'quickie'". The dancer then went back to the stage area. Officer Watts paid the dancer "Cinnamon" $3.00 for the "lap dance". Officer Watts had gone to the licensed premises on April 12, 1980, with another Beverage Officer, Michael Lee Imperial. On that same date, a dancer who had been performing in the licensed premises who was known as "Rina" approached Officer Imperial and asked if he would like her to "lap dance". He agreed and she sat on his lap and performed the "dance" through three different records for a price of $5.00 each, a total price of $15.00. He asked the dancer if she did anything other than dance, to which she asked if he were a policeman, and he answered, "no". "Rina" then patted down the Beverage Officer to check to see if he were carrying any form of police identification. She then stated that she got off at 1:30 a.m. and would come by his room. She asked the Beverage Officer how much he could afford and he said "$50.00" and she indicated that she would give him "anything and everything he wanted" for the $50.00. Officers Watts and Imperial returned to the licensed premises on April 13, 1980. While in the licensed premises, Officer Imperial was approached by a dancer who was known as "Licorice" and she asked if he wanted her to "lap dance". He responded, "Yes" and she "danced" one record for a cost of $5.00. Officer Imperial stated to the dancer that she "sure felt good" and stated that he "bet" she was good in bed. She responded by stating that, "I am" and in turn he stated that he "bet" that, "I'll never find out", to which she responded that he could find out for $75.00. In turn the officer wanted to know what he would get for $75.00 and the dancer said, "You will get whatever you want me to do". Officer Imperial said that he would pick her up at seven o'clock. Nothing further occurred concerning this event. On the same date, April 13, 1980, Officers Watts and Imperial were sitting together and in the course of the conversation which Imperial had with one of the dancers, Imperial turned to Watts and asked Watts if he (Watts) wanted the dancer to get a girl for Watts. After some discussion, the dancer arranged to have another dancer whose stage name was "Tammy" and who had danced in the licensed premises and been referred to by the master of ceremonies by that name was brought and introduced to Officer Watts. (Watts had asked the other dancer to ask "Tammy" if she "would party". The other dancer responded that "Tammy" "would party" but it would cost $75.00.) Watts asked "Tammy" if she "would party" and she responded by saying that for $75.00 she would do anything that he wanted up to two hours, at which point she had an appointment in the licensed premises. The conversation terminated at the point when Watts stated that he would pick up a bottle of whiskey.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Counts One (1), Two (2), Three (3), Five (5) and Ten (10) of the Notice to Show Cause/Administrative Complaint be DISMISSED and that the Respondent not be held for further answer. It is FURTHER RECOMMENDED that the license held by the Respondent, Norma D. Kettering, No. 69-293, Series 2-COP, be REVOKED in view of the violations as established through Counts Four (4), Six (6), Seven (7), Eight (8) and Nine (9) in the Notice to Show Cause/Administrative Complaint. DONE AND ENTERED this 3rd 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 COPIES FURNISHED: James N. Watson, Jr., Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Norma D. Kettering, t/a Fancy Dancer 236 Highways 17 & 92 Fern Park, Florida
Findings Of Fact The Respondent, Linda Diane Kinsey, holds Beverage License No. 63-1339, Series 2-CO. Under this license, she operated a business establishment named Fred Said's located at 913 West Robinson Street, Lakeland, Florida. On December 3, 1982, Beverage Officer Randall Robert West, accompanied by Dennis B. Russo of the Polk County Sheriff's Department, initiated an undercover investigation of Fred Said's. They arrived at the licensed premises approximately 2 00 p.m. Fred Tucker was behind the bar and served them two beers. The Respondent, Linda Diane Kinsey, was seated on a stool behind the bar. After a short time, Fred Tucker went out in the back of the bar to work on some construction. While he was out back, Deputy Russo approached Tucker about buying some marijuana. Tucker indicated he had some and they went back into the bar where Tucker retrieved a plastic bag of what he represented to be marijuana. The bag was taken from a drawer behind the bar and when Tucker opened the drawer, Officer West saw other bass of what appeared to be marijuana in the drawer. Tucker handed the bag to Deputy Russo who paid him 825. The bag was later verified by laboratory analysis to contain approximately 9 grams of cannabis, a controlled substance listed in Florida Statute 893.03. (See Petitioner's Exhibit 1). When Fred Tucker took the bag of marijuana out of the drawer, the Respondent, Linda Diane Kinsey, was still seated behind the bar a few feet from the drawer and Fred Tucker. The drawer was in a clear line of sight from where she was seated. On December 14, 1982, Officer West, along with Investigator Russo and Deputy Nicolas H. Del Costello, returned to Fred Said's. When they arrived, the Respondent, Linda Diane Kinsey, was seated behind the bar. Officer West asked Ms. Kinsey if Fred Tucker was around. He then asked "Does Tucker have a bag for sale?" "Bag" is a common term for marijuana. In response to the question about the "bag for sale", Linda Diane Kinsey nodded her head yes and then got up and went to the back of the bar and called Tucker. Tucker came in and walked over to the game area where officer West and his companions were. After asking what they wanted, Tucker took a bag of marijuana out of his docket and sold it to Officer West. The bag was later confirmed by laboratory analysis to contain approximately 12 grams of cannabis, a controlled substance listed in Chapter 893.03, Florida Statutes. (See Petitioner's Exhibit 2). When the transfer of marijuana took place on December 14, 1982, on the licensed premises, the Respondent, Linda Diane Kinsey, was seated behind the bar approximately 30 feet away from where the transfer took place. On December 16, 1982, Officer West, accompanied by Investigator Russo, returned to Fred Said's with a search warrant. In the course of the search of the licensed premises, two plastic bags containing seeds were found. These bags were in the drawer behind the bar from which Fred Tucker had taken the bag of marijuana on December 3, 1982. The bags of seeds were later verified by laboratory analysis to contain 25 grams and 4.6 grams of cannabis, a controlled substance listed in Florida Statute 893.03. During December, 1982, Mr. Fred Tucker was employed as manager of Fred Said's. On December 3, 1982, he was tending bar and was observed signing an invoice for a beer delivery that occurred while Officer West and Investigator Russo were present. The Respondent testified that she was not aware of Fred Tucker's drug activity. However, she and Mr. Tucker were living together prior to December 16, 1982, and they scent a lot of time together. She was also present in the bar at the time of the purchases on December 3 and December 14. She admitted on cross examination that she was not sure he was dealing but she never asked. She did not recall telling Officer West on December 14 that Fred Tucker had a bag for sale but did not specifically deny such a conversation. She also testified that even while sitting behind the bar, she was not aware of what was going on in the licensed premises. There was no evidence that she, as licensee, had taken any steps to ensure that the premises were properly supervised and not being used for illegal purposes.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Respondent's alcoholic beverage license he revoked. DONE and ENTERED this 29th day of April, 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 29th day of April, 1983. COPIES FURNISHED: Daniel J. Bosanko, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 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 Ms. Linda Diane Kinsey 3333 Baird Street Lakeland, Florida 33805
The Issue Whether the Respondents, ORLANDO MULKEY and LORETTA MULKEY, d/b/a SONNY'S SERVICE CENTER, should have their alcoholic beverage license suspended or revoked.
Findings Of Fact The Respondents ORLANDO MULKEY and LORETTA MULKEY hold Beverage License No. 36-00019, Series No. 2-APS for the premises known as SONNY'S SERVICE CENTER located at 635 and 637 Alabama Avenue, Clewiston, Florida. On July 14, 1987, the Respondent ORLANDO MULKEY was adjudicated guilty of the offense "Sale of a Controlled Substance, Cocaine" in Circuit Court Case No. 87-59 in Hendry County, Florida. Although the specific statute number was not set forth in the judgment and sentence as suggested in the uniform judgment and sentence found in Rule 3.986, Rules of Criminal Procedure, it appears that ORLANDO MULKEY was found guilty of a felony under Section 893.13(1)(a) and Section 893.03(2)(a)4, Florida Statutes. This finding is based upon the length of the probation term (5 years) and the written description of the offense in the judgment. The judgment and sentence were a result of a criminal offense which took place on November 13, 1986. During the hearing, after receiving instruction from the Hearing Officer concerning his Constitutional right against self-incrimination, which he appeared to understand, ORLANDO MULKEY admitted to possessing crack cocaine on the premises of SONNY'S SERVICE CENTER on November 13, 1986, during his management shift. ORLANDO MULKEY and LORETTA MULKEY conducted business in SONNY'S SERVICE CENTER on different shifts. LORETTA MULKEY was not aware that ORLANDO MULKEY, her co-licensee, was using crack cocaine. She was not aware that he had crack cocaine in his possession on the licensed premises during his shift. As the managerial and supervisory responsibilities were divided between the co- licensees on the basis of their respective shifts, LORETTA MULKEY, had no connection with any drug related activities. On June 18, 1987, ORLANDO MULKEY quitclaimed his interest in the real property where SONNY'S SERVICE CENTER is located to LORETTA MULKEY. Although ORLANDO MULKEY and LORETTA MULKEY are co- licensees, there is no evidence in the record to establish that a legal entity relationship exists between the MULKEYS in the conduct of business as SONNY'S SERVICE CENTER.
