The Issue This case concerns the issue of whether the Respondent's alcoholic beverage license should be suspended, revoked or otherwise disciplined for permitting the sale and possession of controlled substances on the licensed premises, Casey's Nickelodeon, located at 5590 Hallandale Beach, Pembroke Park, Florida. At the formal hearing, the Petitioner offered and had admitted into evidence six exhibits and the Respondent offered and had admitted into evidence two exhibits. Counsel for the Petitioner and counsel for the Respondent submitted findings of fact and conclusions of law for consideration by the Hearing Officer. To the extent that those proposed findings of fact and conclusions of law are inconsistent with the findings and conclusions in this order, they were considered by the Hearing Officer and rejected as being unsupported by the evidence or unnecessary to a resolution of this cause.
Findings Of Fact Respondent holds beverage license No. 16-498, Series 4-COP, issued to the licensed premises, Casey's Nickelodeon, located at 5590 Hallandale Beach Boulevard, Pembroke Park, Florida. Respondent has held the license for three years. The Respondent is a corporation owned solely by Dorothy Sucharski. Dorothy Sucharski is Secretary and Treasurer of the corporation and her husband Casimere J. Sucharski, Sr., is President. Their son, Casimere J. Sucharski, Jr., also known as Butch, is actively involved in the management and operation of the business. The licensed premises is a restaurant and bar operation, which is divided into three main seating areas, all opening into a central covered breezeway. The front entrance is an iron gate opening into the breezeway. As a patron enters the licensed premises through the breezeway, the main bar area is on the right and an open-air covered patio is to the left. At the end of the breezeway is a doorway and entrance into the dance floor area. The dance floor area and the patio area contain tables and chairs. As a patron enters the dance floor area from the breezeway, the office and DJ's booth are located at the left or east end of the dance floor area and the restrooms are located at the south wall opposite the entrance to the dance floor area. The operating hours of the licensed premises are 11:00 a.m. to 6:00 a.m. Mr. Sucharski, Sr. and his wife, Dorothy Sucharski, supervise and manage the day shift and their son, Butch, was responsible for the night shift. The primary supervision of the night shift was the responsibility of the manager, Frank Tiberio. On October 8, 1983, at approximately 2:00 a.m., Beverage Officer Beverly Jenkins entered the licensed premises in an undercover capacity to investigate complaints of drug sales on the licensed premises. When she arrived, the licensed premises were approximately half full of patrons. She took a seat at the bar and ordered a drink. At some point in the evening she met Peter Follari, an employee of the Respondent. They engaged in conversation and after Officer Jenkins related that she was new in town, Peter Follari stated "You'll like it here, this place has the best 'coke' around." "Coke" is slang or street language for cocaine, a controlled substance under Chapter 893, Florida Statutes. Peter Follari was on duty this particular evening and worked normally as a part-time doorman at the licensed premises. Prior to Peter Follari's comment about "coke" there had been no discussion regarding drugs. Butch Sucharski was on the licensed premises that evening. On October 14, 1983, Beverly Jenkins returned to the licensed premises. The doormen on this evening were Raymond Charlonne, nicknamed "Bear" and another young man named Scott. Officer Jenkins went into the bar area and asked about Peter Follari, who later arrived at the licensed premises shortly after 3:00 a.m. After Follari arrived, Officer Jenkins approached him in the breezeway area where Bear and Scott were working. After a brief general conversation, Follari asked Officer Jenkins if she did coke and she replied "yes." Follari then turned to Bear and Scott and introduced Officer Jenkins to them. Officer Jenkins then asked Follari if he could get her some cocaine and he said that he could, but that at the moment he had to go to work. Officer Jenkins then observed Follari working around the licensed premises. Later that evening, Officer Jenkins approached Follari in the bar area and asked if she could get some cocaine that night. He told her to speak to Bear. She then approached Bear and asked if he could get her some cocaine. Bear asked Officer Jenkins if she was a friend of Pete's and she said "yes." Bear then told her that he was not "holding" but that he would get back to her. Officer Jenkins later went back to Bear but observed him talking with an off- duty police officer. She then returned to Follari and told him that she didn't feel she should buy that night because Bear was talking to an off-duty policeman. Follari said "don't worry." A few minutes later, Bear approached Follari and Follari whispered something to Bear. Bear then handed something to Follari. Follari motioned to Officer Jenkins and told her to go to the service area in the dance area. Officer Jenkins and Follari went to the service area which is a small recessed area next to the entrance to the dance area. A patron named Chris was in the service area and Follari introduced him to Officer Jenkins. Follari asked Chris for a matchbook. Chris gave him a matchbook which Follari placed in his pocket. Follari then told Officer Jenkins to put her arm in his. She asked him "How much" and he responded "$50." She then put her arm in his and exchanged the money for a matchbook which contained a small packet of cocaine. The conversation between Follari and Jenkins prior to the exchange took place in a normal tone of voice. The cash was handed to Follari in open view and was observed by a backup beverage officer standing a few feet away. The patron, Chris, was present during the entire transaction. After seeing Officer Jenkins hand Follari the currency, Beverage Officer Michael D'Ambrosia heard Follari ask a white male patron for change for a $50 bill. On October 20, 1983, at approximately 3:30 a.m., Officer Jenkins returned to the licensed premises. When he entered, Bear and Peter Follari were at the entrance door. Bear was working as doorman. Officer Jenkins spoke to them and went inside. At approximately 4:50 a.m., Officer Jenkins approached Follari and asked if she could get some cocaine. After a short conversation, Follari went inside and spoke to Bear. When he returned to Officer Jenkins, he handed her a small clear plastic baggie containing cocaine. She handed him $50. This exchange took place in the area where tables were located and patrons were seated at the tables. As she left to go to the restroom, Follari said "now you can take care of business." As she left the licensed premises about 45 minutes later she was introduced to Butch Sucharski. On this same evening Beverage Officer Roberts observed Bear hand Pete Follari a matchbook and as Follari walked away Bear yelled "Toot it good." "Toot" is a slang term for use of cocaine. On October 23, 1983, Officer Jenkins returned to the licensed premises. When she entered, Frank Tiberio, the manager, was working as doorman. Officer Jenkins met him and later in the service area talked with him. Frank Tiberio told her he was the manager and Officer Jenkins laughed and said, "I've never seen you here before." Frank responded that he was always in the office taking care of the money. At approximately 3:30 a.m. Follari approached Officer Jenkins and told her he had some real prime stuff and asked her if she would like to buy a gram this time. She asked him how much it would cost and he responded $90. Follari then left and came back shortly and handed her a zip lock clear plastic baggie containing cocaine. She handed Follari $100, but prior to giving him the money, she held the baggie up above eye level and looked at it in the light of the service area. Follari told her not to be so obvious. When she held up the baggie, it was observed by backup Beverage Officer Roberts who was seated at a table in the dance floor area where the service area is located. Officer Jenkins went to the restroom and when she returned, Follari asked her if it was good stuff and if she saw the rocks in it (referring to the purity of the cocaine). She left a few minutes later and because she had not received her $10 in change, she told Follari it could count toward the next transaction. Butch Sucharski was on the licensed premises that evening. No one said anything to her about the transaction that evening. Officer Jenkins went back to the licensed premises on October 27, 1983, at approximately 2:45 a.m. She saw Follari and Frank Tiberio talking in the dance floor area. When Officer Jenkins observed Follari go into the breezeway area, she followed him. As she approached the entrance area, she observed a blond female sitting on the doorman's stool. As Officer Jenkins approached the entrance, the woman said "Hello." Officer Jenkins then observed Follari holding a large zip lock clear plastic bag containing small plastic baggies with white powder in them. He was counting the small baggies. He had counted up to 15. She asked him to see her when he was finished so they could do business. As he was counting the plastic baggies, Follari was outside the entrance with his back to the entrance area. The baggies were visible to persons entering the bar from the parking lot, but could not have been seen by anyone inside the licensed premises. Later that evening, Officer Jenkins purchased a plastic baggie of cocaine from Follari for $80. The exchange took place in the breezeway and when Officer Jenkins approached Follari prior to the exchange, she observed a clear plastic bag containing white powder in his hand. Officer Jenkins next returned to the licensed premises on October 30, 1983. The entire premises were very crowded. Peter Follari had not shown up for work and Officer Jenkins asked Bear if he could sell to her. He said he wasn't holding but that he would look around for her. While talking to her, Bear pulled a small plastic baggie like the two she had received from Follari on her first two purchases. The small baggie contained only a residue of white powder. Officer Jenkins was unable to make a buy that evening. On the evening of October 31, 1983, Beverage Officer Roberts, while seated at the bar in the licensed premises, was told by a female patron named Susan that she had just snorted some good cocaine. She also said she could get him some. These statements were made in the presence of the bartender. She did not say where she had snorted the cocaine. Pursuant to Bear's suggestion on October 30, Officer Jenkins returned to the licensed premises on November 1, 1983. When she entered, the licensed premises was not very crowded and Bear was sitting in the bar area looking at pictures on a screen with a photographer named Nate. Officer Jenkins walked up to Bear and said she had come back like he asked her to. Bear then stated that he didn't have any that night either, but that he would look around for her. Bear later told her there was no one there that he could get some from. On November 3, 1983, Officer Jenkins returned to the licensed premises. When she entered, Officer Jenkins saw Bear talking to a male patron who followed her into the bar and introduced himself as Paul Mineo. After talking with Mineo, Officer Jenkins returned to the entrance where Bear was working and as she approached Bear, she observed Peter Follari drive up. Bear told Officer Jenkins that Follari had been rehired after being fired for not showing up for work on October 30. Officer Jenkins spoke with Follari in the doorway and he asked her if she wanted to buy some cocaine. She said she had made arrangements with Bear and Follari then told her that he would take care of her. She then returned to a table near the service area where she sat with Paul Mineo. At approximately 2:55 a.m., Follari came over to the table and asked her to come over to the service area. Once in the service area, they began arguing about the price of the cocaine. Follari thought she owed him money and wanted to charge her $100 for a gram. They compromised on a price of $95. Officer Jenkins went to the restroom and counted out the $95 and then returned to Follari in the service area. Follari handed her a clear plastic baggie containing cocaine and she handed him the $95. During the argument and exchange, Paul Mineo and other patrons were seated at tables only a few feet away from the service area. When she returned to the table, Mineo asked her what was going on. She told him none of his business. He persisted and she told him it was only business. On November 10, 1983, Officer Jenkins returned to the licensed premises. As she entered, Bear, who was working as doorman, asked her if she was looking for some and she said "yes, a gram." She left and returned a while later and asked Bear where the transaction would take place. He told her in the office. As they were talking, a uniformed sheriff's deputy came up and Officer Jenkins stopped talking. Later, Bear came into the dance area where Officer Jenkins was standing and they went into the office where Bear gave her two 1/2 gram plastic baggies containing cocaine in exchange for $80. It was unusual for a bouncer to go into the office with a patron. Later that evening, Officer Jenkins made arrangements with Follari to buy a "quarter" of cocaine for a party the following Saturday night. Follari quoted her a price of approximately $500. On a couple of occasions, Officer Jenkins tried to engage or start a conversation with Frank Tiberio, the manager, regarding drugs. She was unsuccessful. There were no signs on the licensed premises prohibiting the use of drugs. On the evening of November 13, 1983, beverage agents along with several police officers went to the licensed premises and served a search warrant and emergency suspension beverage order. The search revealed a clear plastic baggie at the southeast corner of the bar where the bartenders enter the bar. The bag found near the bar contained residue of cocaine. On this evening, Pete Follari was arrested and searched. In Follari's pocket were found two plastic baggies containing cocaine residue. Bear was also arrested and searched and found to be in possession of a tin foil package containing six (6) baggies of cocaine, a straw, and a folded one dollar bill containing cocaine. The straw was for using cocaine. As the warrant was served and the lights were turned on in the licensed premises, David Mann, a bartender, was observed by Beverage Officer Oliva trying to conceal something in his sock. A search of David Mann revealed a white plastic baggie containing cocaine residue and a straw. On the evening of November 13, 1983, approximately 15 to 20 minutes after the officer entered and served the search warrant, Frank Tiberio, the manager, entered the kitchen area of the premises and stated in the presence of Beverage Officer Patricia Phillips and State trooper Clark, "Do you believe this? I told those guys someday someone you least expect will set you up and they said, 'no way, we know our customers.' I told them." On the evenings he was there as a backup officer, Michael D'Ambrosia observed what he considered to be two or three drug transactions in addition to those involving Officer Jenkins. Each evening from midnight to 6:00 a.m., there is a disc jockey playing records. The music is normally very loud and makes it difficult to hear normal conversation in most areas of the bar. Drugs are prevalent in South Florida and Butch Sucharski, Frank Tiberio and the other employees were aware of this fact. On several occasions, bartenders were asked about where to obtain drugs or were offered drugs by patrons. About eight months prior to the final hearing in this matter, Kathy Bosse, the daytime bartender, had caught two girls using cocaine in the restroom and she asked them to leave. She asked them to leave and reported the matter to Butch. There was no evidence the incident was reported to the police. On one occasion, Frank Tiberio cooperated with a sheriff's deputy in arresting a patron who was snorting cocaine off of one of the tables in the patio area. The sheriff's office had also arrested people for cocaine possession in the parking area of the licensed premises. During the previous year, Frank Tiberio had thrown a number of patrons out of the establishment for suspected drug use. To combat the drug problem, the management held regular monthly employee meetings and cautioned the employees against drugs on the premises. Employees were instructed to throw out anyone caught using drugs and were informed they would be immediately fired if they were caught using drugs. During the late night shift, a bouncer or doorman and one security man were in the licensed premises. The night manager Frank Tiberio was also present late at night but spent a substantial amount of time in the office. Butch Sucharski was on the licensed premises at different times and periods each night. Employees were searched, but there was no announced policy of random searches of employees. Only employees suspected of using drugs were searched. From midnight to 6:00 a.m., valets were hired for the restrooms and were instructed to not let two people into a stall at one time and to report anything that appeared suspicious. New employees were required to fill out an application and usually their prior employers were contacted. In addition, a friend of Butch Sucharski, Artie Silversmith, was asked on occasions to try to make buys from employees. He was always unsuccessful. He was never asked to try to buy from Pete Follari or Bear. Bear was searched on two different occasions by Frank Tiberio. On one of those occasions, Bear cursed loudly and objected to being searched. He was searched because Frank Tiberio and Butch Sucharski had heard rumors that he was using drugs. Bear was not fired. There was no evidence of any follow up beyond the two searches. Frank Tiberio testified that he had a policy of firing an employee after they were suspicioned a second time of being involved in drugs. Pete Follari was never searched because there was no suspicion that he was using drugs. Bear obtained the drugs he sold from a customer at the licensed premises, who came there about once a week. The only people Bear sold to were customers at Casey's Nickelodeon. Bear usually made his transfers at the front entrance where no one was around. Dan Ferry, a part-time security man, was also searched twice by Frank Tiberio because Frank had heard rumors that someone was selling drugs inside the licensed premises. Dorothy Sucharski and her husband, Casimere Sucharski, Sr., were not aware of any drugs being sold or used on the licensed premises. Casey's Nickelodeon enjoys a good reputation in the community as a clean-cut, well run, nice establishment. It does not have a reputation as a place frequented by persons using drugs. The clientele is a mixture of business people, local residents and people from surrounding areas coming in after bars in other areas close.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That a Final Order be entered finding the Respondent guilty of the violations charged in Counts 1 through 7 and that the license be suspended for a period of thirty days with credit for the days the premises were closed under the emergency order and imposing a civil penalty of $3,000. DONE and ORDERED this 16th day of December, 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 16th day of December, 1983. COPIES FURNISHED: James N. Watson, Jr., Esquire Staff Attorney Department of Business Regulations 725 South Bronough Street Tallahassee, Florida 32301 Seymour Chadroff, Esquire Lane Abraham, Esquire 200 S.E. First Street, No. 1101 Miami, Florida 33131 Howard M. Rasmussen, Director Division of Alcoholic Beverages and Tobacco Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Gary R. Rutledge, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
Findings Of Fact At all times material to the charges raised in this matter, the Respondent, Fresh Start, Inc., was the holder of a valid beverage license No. 62-661, Series 4-COP. That beverage license is issued to the licensed premises located at 7898 U.S. Highway 19, Pinellas Park, Florida, and known as the Strip Ahoy. Mr. Jack Leveritt is president of Fresh Start, Inc., and one of the two owners of that corporation. Mr. Tom Whitaker owns 50 percent of the stock of Fresh Start, Inc., and is vice president of that corporation. Pursuant to a stipulation entered into by and between the parties, on the record at the formal hearing, the following findings of fact are made: Count 1 - On or about March 9, 1983, Theresa Ann White, also known as Teanna, did unlawfully possess, sell and/or deliver controlled substance, diazepan, as defined in Florida Statute 893.03, to Sheriff's Deputy D. Patton, on the licensed premises. Count 2 - On or about March 9, 1983, Theresa Ann White, also known as Teanna, did unlawfully possess, sell and/or deliver a controlled substance, diazepan, as defined in Florida Statute 893.03, to Sheriff's Deputy D. Herrick, on the licensed premises. Count 3 - On or about March 10, 1983, Theresa Ann White, also known as Teanna, did unlawfully possess, sell, and/or deliver a controlled substance, diazepan, as defined in Florida Statute 893.03, to Sheriff's Deputy D. Ferdon, on the licensed premises. Count 4 - On or about March 12, 1983, Theresa Ann White, also known as Teanna, did unlawfully possess, sell, and/or deliver a controlled substance, as defined in Florida Statute 893.03, cannabis, to Sheriff's Deputy D. Ferdon, on the licensed premises. Count 5 - On or about March 20, 1983, Joyce Ann Seville, also known as Sherry, did unlawfully possess, sell and/or deliver a controlled substance as defined in Florida Statutes 893.03, Lysergic acid Diathamine, to Sheriff's Deputy C. Kanehl, on the licensed premises. Count 6 - On or about March 31, 1983, Sherry Ann Peters, also known as Carol, did unlawfully possess, sell, and/or deliver a controlled as defined in Florida Statute 893.03, cannabis, to Sheriff's Deputy D. Herrick, on the licensed premises. Count 7 - On or about April 1, 1983, Elizabeth Chader, also known as Luwanda, did unlawfully possess, sell and/or deliver a controlled substance as defined in Florida Statute 893.03, cocaine, to Sheriff's Deputy C. Kanehl, on the licensed premises. Count 8 - On or about November 29, 1983, Theresa Yerby, also known as Brandy, did unlawfully possess, sell, and/or deliver a controlled substance as defined in Florida Statute 893.03, cannabis, to Sheriff's Deputy C. Kanehl, on the licensed premises. Count 9 - On or about December 15, 1983, Theresa Yerby, also known as Brandy, did unlawfully possess, sell, and/or deliver a controlled substance as defined in Florida Statute 893.03, cocaine, to Sheriff's Deputy C. Kanehl, on the licensed premises. Count 10- On or about January 8, 1984, Kimberly Grenzbach, also known as Kimberly, did unlawfully possess, sell, and/or deliver a controlled substance as defined in Florida Statute 893.03, cocaine, to Beverage Investigators M. Freese and B. Ashley, on the licensed promises. Count 11 - On or about January 12, 1984, Theresa Yerby, also known as Brandy, did unlawfully possess, sell, and/or deliver a controlled substance as defined in Florida Statute 893.03, cocaine, to Sheriff's Deputy C. Kanehl, on the licensed premises. Count 12 - On or about January 12, 1984, Cherie Webber, also known as Cherie, did unlawfully possess, sell, and/or deliver a controlled substance as defined in Florida Statute 893.03, cocaine, to Beverage Investigator M. Freese, on the licensed premises. Count 13 - On or about January 12, 1984, Kimberly Grenzbach, also known as Kimberly, did unlawfully possess, sell, and/or deliver a controlled substance as defined in Florida Statute 893.03, cocaine, to Beverage Investigator M. Freese, on the licensed premises. Count 14 - On or about January 12, 1984, Kimberly Grenzbach, also known as Kimberly, did unlawfully possess, sell, and/or deliver a controlled substance as defined in Florida Statute 893.03, cocaine, to Beverage Investigator B. Ashley, on the licensed premises. Count 15 - On or about January 13, 1984, Cherie Webber, also known as Cherie, did unlawfully possess, sell, and/or deliver a controlled substance as defined in Florida Statute 893.03, cocaine, to Beverage Investigator B. Ashley, on the licensed premises. Count 16 - On or about January 13, 1984, Kimberly Grenzbach, also known as Kimberly, did unlawfully possess, sell, and/or deliver a controlled substance as defined in Florida Statute 893.03, methaqualone, to Beverage Investigator M. Freese, on the licensed premises. Count 17 - On or about January 17, 1984, Kimberly Grenzbach, also known as Kimberly, did unlawfully possess, sell, and/or deliver a controlled substance as defined in Florida Statute 893.03, methaqualone, to Beverage Investigator M. Freese, on the licensed premises. Count 18 - On or about January 17, 1984, Kimberly Grenzbach, also known as Kimberly, did unlawfully possess, sell, and/or deliver a controlled substance as defined in Florida Statute 893.03, methaqualone, to Beverage Investigator B. Ashley, on the licensed premises. Count 19 - On or about January 19, 1984, Christie Howard, also known as Christie, did unlawfully possess, sell, and/or deliver a controlled substance as defined in Florida Statute 893.03, methaqualone, to Sheriff's Deputy C. Kanehl, on the licensed premises. Count 20 - On or about January 28, 1984, Kimberly Grenzbach, also known as Kimberly, did unlawfully possess, sell, and/or deliver a controlled substance as defined in Florida Statute 893.03, methaqualone, to Beverage Investigator M. Freese, on the licensed premises. Count 21- On or about February 3, 1984, Theresa Yerby, also known as Brandy, did unlawfully possess, sell, and/or deliver a controlled substance as defined in Florida Statute 893.03, cannabis, to Beverage Investigator B. Ashley, on the licensed premises. Count 24 - On or about the below listed dates and times, entertainers Cody, Cherie, Valerie, Kimberly, Kim and Gayla, while actively engaged as dancers on the licensed premises, did unlawfully beg or solicit, patrons, customers or visitors, Beverage Investigators B. Ashley, D. O'steen and M. Freese to purchase beverages for the entertainers. NO. DATE APPROX. TIME EMPLOYEE VICTIM 1 4-6-83 10:00 P.M. CODY, dancer O'STEEN 2 4-6-83 11:45 P.M. CODY, dancer O'STEEN 3 1-6-84 8:00 P.M. CHERIE, dancer FREESE 4 1-6-84 8:50 P.M. CHERIE, dancer FREESE 5 1-17-84 8:50 P.M. CHERIE, dancer FREESE 6 2-3-84 10:15 P.M. CHERIE, dancer FREESE 7 2-3-84 10:30 P.M. GAYLA, dancer ASHLEY 8 2-3-84 11:00 P.M. KIMBERLY, dancer FREESE 9 2-7-84 7:15 P.M. KIM, barmaid ASHLEY 10 2-7-84 7:30 P.M. VALERIE, dancer ASHLEY 11 2-7-84 11:20 P.M. KIM, barmaid FREESE The transaction referred o in Count I above, occurred on the evening of March 9, 1983. On that particular evening, Deputy D. Patton entered the licensed premises with too other undercover officers and was approached by a dancer named Theresa White. Ms. white and Officer Patton began talking and during the course of the conversation, Ms. White offered to obtain some Valium for Deputy Patton. Officer Patton indicated that he would be interested in purchasing some valium and Ms. White then left him and was seen talking with another dancer at the bar area. A short time later she came back and said there was none left at that time but that she was going to get some later in the evening. Approximately 1 1/2 hours later, she returned to Officer Patton and indicated that she had obtained the diazepan. Officer Patton paid her $5.00 and she gave four diazepan (Valium) tablets to Officer Patton. The money and the tablets were passed under the table out of sight. The purchase of cocaine referred to in Count 10 above occurred on the evening of January 8, 1964. On that particular evening, Beverage Officers B. Ashley and M. Freese, went to the licensed premises and upon entering sat along the west wall of the main lounge area. They were joined by a dancer named Kimberly Grenzbach. They had previously discussed buying some cocaine from Kimberly Grenzbach. Shortly after they arrived, Kimberly and Officer Freese went into the back room of the lounge. The Strip Ahoy Lounge is built somewhat in the shape of a ship with the bow pointing toward the north. In the northern most portion of the lounge is located an office and a dressing room separated by a wall. Just outside the office is a square bar area with stools surrounding the bar. This bar is located in the main lounge portion of the bar which is a room approximately 63 feet long and 27 feet wide. In the southwest corner of the building is located the men's and women's restroom. The back room referred to above is a room located at the southeast corner of the lounge with a doorway leading into the main lounge. This back room is used for table or lap dancing. When Officer Freese and Kimberly went into the back room, they sat at a table and Kimberly took two triangular shaped plastic baggies containing cocaine out of her purse and handed them to Freese. She made no attempt to conceal these baggies. Freese then examined the baggies and handed her $100. The money was handed to her above the table and in the open. The total purchase price of the 2 grams of cocaine was $200 and Freese told Kimberly that Ashley had the other $100. Kimberly and Freese them returned to a large lounge area and sat next to Ashley who then gave the additional $100 to Kimberly. On the evening of January 9, 1984, Officer Freese was in the Strip Ahoy Lounge and went into the back room with Kimberly to examine some cocaine she was proposing to sell him. After entering the back room, they sat at a table and Kimberly took two small plastic baggies of cocaine out of her purse and handed them to Freese. Freese then examined the baggies and said they looked short to him. About that time Cherie Webber and her ex-boyfriend came into the back room and sat at a table. Kimberly then said "Cherie would know if anyone would" whether the baggies were short. Kimberly and Freese then walked over to Cherie's table and Kimberly handed the two baggies to Cherie, who held them up and examined them. Cherie said they looked short to her and she then handed them to her boyfriend who examined them and said it looked like about $60 worth to him. On the evening of January 12, 1984, Officers Ashley and Freese returned to the Strip Ahoy and made the drug purchases referred to in Counts 12, 13, and 14 discussed above. Prior to entering the lounge that evening, the two officers had made arrangements to buy cocaine from Kimberly Grenzbach. After they entered the lounge, they sat and waited for Kimberly and were approached by another dancer named Cherie Webber. Cherie walked by and asked if they wanted any "coke." Coke is a street term or slang for cocaine. Freese and Ashley told her they had already made arrangements to buy some from Kimberly. Cherie then said that she had hers with her now and Freese asked her about the quality of the coke she had. She responded that hers was always good quality. Cherie then sat down and agreed to sell Freese a half gram and said she needed to go into the bathroom because she had a large bag in her purse and she didn't want the small baggies to fall on the fiber when she opened her purse. She went to the bathroom and returned a short time later and sat next to Freese. Ashley was seated on the other side of Freese and observed Cherie hand a small, clear plastic baggie of cocaine to Freese. Freese then handed $50 to Cherie. After completing the purchase from Cherie, Freese went into the back room with Kimberly. They sat at a table and Kimberly handed him two plastic baggies containing cocaine. He held them up and examined them very carefully because of the problem he had on January 9. He tapped the baggies as he examined them and then selected one of the two baggies. He then handed $100 to Kimberly and told her she would have to talk to Ashley about the other gram of cocaine. Handing over the cocaine and the cash was done openly and not concealed. Later, on the evening of January 12, 1984, Freese and Ashley were approached by Kimberly, who walked up and told Ashley she had his cocaine. Ashley then went into the back room with Kimberly and sat at a table. Kimberly handed a clear plastic baggie containing cocaine to Ashley. Ashley held it up at eye level and examined it and then handed cash to Kimberly. There were other patrons and dancers in the room at the time. After purchasing the cocaine from Kimberly, Freese had spoken to Cherie once again and told her that Ashley wanted another half gram. When Ashley rejoined Freese, they left the bar to obtain more money and returned after midnight. While sitting in the back room with a dancer named Brandy, Ashley was approached by Cherie who walked up and asked if he wanted the half gram. She took a large baggie out of her purse. The large baggie contained several small baggies. Ashley then told Brandy she would have to move so he could get some money out of his pocket. He handed $50 to Cherie and she handed him a small baggie containing cocaine. This transaction was openly viewed by Brandy, Kimberly Grenzbach, and Officer Freese. This purchase is referred to in Count 15 above. The purchase discussed in Count 16 above occurred on the evening of January 13, 1984. Prior to going to the Strip Ahoy, Officer Freese had telephoned Kimberly and made arrangements to buy some "gorilla biscuits" which is slang for Quaaludes or methaqualone. After entering the lounge Kimberly walked up to Freese and said she had the Quaaludes. They then went into the back room and sat at a table. Kimberly was working as a dancer this evening and when they sat down, another dancer named Nellie was performing a lap dance for a patron at the next table. Kimberly handed Freese a clear cellophane packet containing 6 capsules of methaqualone. Freese paid her $24. There was no attempt to conceal the transfer of the cash or the methaqualone. On January 17, 1984, Officers Freese and Ashley returned to the licensed premises. They had previously arranged to buy some methaqualone from Kimberly Grenzbach. Shortly after arriving, Freese went into the back room with Kimberly where he purchased three Quaaludes (methaqualone capsules). Prior to paying Kimberly the agreed $12 price, Officer Freese examined the capsules. The cash and capsules were exchanged in open view with no attempt to conceal the exchanges. After completing the transaction with Freese, Kimberly returned to the main lounge area where Ashley was waiting. She took Ashley into the back room where she took a clear cellophane cigarette packet containing 3 capsules of methaqualone out of her purse and handed them to Ashley. Ashley then handed her $12 cash. There was no attempt by either of them to conceal the transfer of the drugs or cash. Officer Freese returned to the licensed premises on January 28, 1984, and made the drug purchase referred to in Count 20 above. Freese had previously phoned Kimberly Grenzbach and arranged to buy 25 methaqualone capsules. When he entered the licensed premises, Freese sat next to the west wall in the main lounge area. He was reined by Kimberly Grenzbach, who told him she had the Quaaludes. She said she would have to go into the dressing room and get them out of the locker. She left and returned a short time later and sat next to Freese. She placed a clear plastic baggie containing the 25 methaqualone capsules on the bench seat between them. Freese picked up the bag and looked at the capsules. Someone walking by at that moment could have seen the bag and capsules. Freese then handed Kimberly $100 in cash. On the evening of February 1, 1984, Officers Freese and Ashley were again in the licensed premises. At one point Officer Freese observed Kimberly Grenzbach talking with a gentleman seated at the bar. Kimberly left the man and walked over to Freese. She said the man at the bar had asked her to go in the back room and dance for him and snort some cocaine. Later, Freese and Kimberly went into the back room and sat at a table. They observed a dancer named Nellie come into the back room with the gentleman that Kimberly had previously been talking to at the bar. Nellie and the man sat at a table across the room from Freese. Freese observed the man take something out of his pocket, pour it on the table and line it up on the table. Kimberly said the man was going to snort coke with Nellie. The man then bent ever the table and made a loud snorting noise. Nellie then bent over the table and made a loud snorting noise. While this was occurring, Officer Ashley had come into the back room to look for Freese. When Ashley entered, Kimberly said, "Hey go over there and tell them you are a cop." Ashley observed Nellie and her male companion lining up a white powder on the table and then heard and observed a loud sniffing of the powder. This is typically the way cocaine is snorted or sniffed. Although the lights were fairly dim, there was sufficient light to observe people completely across the room. While on the licensed premises, Officer Ashley observed numerous other patrons and customers make drug purchases in the lounge. On the first three drug purchases made by Ashley, the dancer selling the drugs initiated the discussion and offered to sell drugs prior to any inquiry about drugs by Ashley. The Strip Ahoy is a topless bar and during the dates discussed above, the women involved in the drug purchases were working as dancers at the lounge. Each of the dancers was required to sign a contract before coming to work at the lounge. They were not paid a salary but danced solely for tips. They received no benefits such as workmen's compensation or Social Security from the Respondent. The contracts (see Respondent's composite Exhibit 2A through 2H) stated that the dancers were of three dances on a stage in an order established by Carl, the doorman. Carl Stone, the doorman and manager, would in the evenings, use a microphone and sound system to inform each dancer when it was her time to dance. While they were not dancing on the stage, the dancers would sit with patrons and perform table or lap dances for them in the back room. The lounge retained the right to approve or disapprove of a particular dancer's dance routine. Carl Stone supervised the dancers, and along with the owners, had the right to fire any dancer. Patrons, at least in part, came to the lounge to see the dancers perform. The lounge decided which dancers worked days and which dancers worked at night. Each dancer was given a copy of the House Rules and a copy was posted in the dressing room. These rules provided: Keep yourself well groomed at all times. Have attractive attire to wear when not performing. No Husbands, Boyfriends, ETC! Allowed while working. No one is to frequent club during off hours. No smoking or drinking while on stage. Only one girl on the stage at a time. No talking while on stage performing. Do not leave club except in street clothes. No sitting on stage bar. No more than two Ladies in dressing room at a time. (Except during beginning or ending of shift.) Any Dancer threatening another will be dismissed. Do not engage in any act which could be considered Lewd or Lascivious. Any Dancer stealing from a customer or other employees will be dismissed and prosecuted. Anyone suspected of Using, Buying or Selling of Drugs will be dismissed immediately. NO LOUD TALKING OR SHOUTING IN ROOM. KEEP YOUR VOICES DOWN. NO WHISTLING!! The individual who was responsible for the management and supervision of the club in the evenings from 7:00 p.m. to closing time at 2:00 a.m. was Carl Stone. He controlled the conduct of the dancers. Carl Stone was employed by the lounge as a salaried employee from April 1983 to August 26, 1983. In August, 1983, Carl Stone was also required to enter into a contract which stated he was an independent contractor and not entitled to a salary or other benefits. He was subject to the supervision, orders, advise, and direction of Respondent and was to provide management of the exotic dancers. Mr. Stone performed the same function and duties after this agreement as he did before the agreement was executed. When the owners were absent from the lounge at night, Carl was the sole person in charge. He worked at the door and collected the cover charge from 7:00 p.m. until 1:15 a.m. The first eight months of operation, Tom Whitaker was in the club almost every night. However, the last four months of operation, he generally did not come into the club until midnight or 1:00 a.m. On Friday and Saturday nights, there were two waitresses in the lounge. On other nights there was only one waitress. The waitresses were responsible for serving drinks in the lounge area and the back room and were the persons responsible for checking on the activities of the dancers in the back room on a regular basis. The back room could not be observed from the bar area, the office, or the entrance area. The door of the office has a two-way mirror which permits the owners to observe most of the main lounge from the office. During the year 1983, the owners gave polygraph exams on two occasions to all employees. One waitress, named Elizabeth Chader, had previously worked as a dancer and was fired after failing the polygraph on two questions relating to money and knowledge of drug activity on the licensed premises. This woman was also known as Luwanda and is the individual who sold drugs referred to in Count 7 discussed above. One of the owners, Jack Leverett, was questioned by the police about this dancer some time after she was fired and he gave them all the information he had. Dancers were not considered employees and were only polygraphed if a specific complaint was received. No dancers were polygraphed regarding drug activity. One dancer was fired after a bartender caught her with a needle in her arm in the restroom and reported it to the owners. Carl fired one dancer named Nikki after he observed her erratic behavior and found needle tracks on her arm. On at least two occasions, the owners called the Pinellas Park Police Department regarding suspected drug activity by patrons in the club. No such calls were made about any of the dancers at the club. When the club initially opened, a lot of "bikers" or motorcycle gang members frequented the club. The owners used a strict dress code and discouragement to eliminate these types of patrons from the club. The main lounge area and back room are dimly lit with candles on each table. The stage in the main lounge has lights in the floor and running red lights above. There are also lights in the bar area. The dim lighting makes it more difficult to observe the activities of dancers and patrons in the bar. The number of dancers in the club varied from 6 to 10 per shift. Typically, over an entire shift between 100 to 150 patrons would come into the club.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED That the Petitioner enter a final order finding the Respondent guilty of the violations as charged in the Notice to Show Cause and suspending Beverage License No. 82-661 for a period of nine (9) months and imposing a civil penalty of $10,000. DONE AND ENTERED this 15th day of March, 1984, 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 15th day of March, 1984. COPIES FURNISHED: William A. Hatch, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Joseph F. MeDermott, Esq. 544 First Avenue North Division of Administrative St. Petersburg, Florida Michael N. Athanason, Esq. 500-First Avenue North St. Petersburg, Florida 33701 Howard M. Rasmussen, Director Division of Alcoholic Beverages and Tobacco 725 South Bronough Street Tallahassee, Florida 32301 Gary R. Rutledge, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
The Issue At issue in this proceeding is whether Respondent committed the offenses set forth in the Administrative Action and, if so, what penalty should be imposed.
Findings Of Fact At all times material hereto, Respondent, La Dominica Restaurant, Inc., held beverage license number 23-21657, series 2COP, authorizing the sale of alcoholic beverages (beer and wine only) for consumption on the premises known as La Dominica Restaurant, located at 11710 Northwest South River Drive, Medley, Dade County, Florida (hereinafter "the licensed premises"). On November 19, 1997, Joel Chades, a police officer with the Town of Medley, and Mr. Guasch, a code enforcement officer with the Town of Medley, operating undercover, visited the licensed premises in connection with their investigation of complaints that Respondent was selling alcoholic beverages not permitted by their license. Officers Chades and Guasch entered the premises at or about 5:56 p.m., and seated themselves at one of the small tables provided for customers. When approached by a waitress, Officer Chades ordered a beer and a coke, with rum on the side. The waitress proceeded behind the counter, and was observed to pour a liquid from a plastic container into a styrofoam cup. She proceeded to the cooler for a beer and coke, and returned to the table where she delivered the drink order. The styrofoam cup was shown to contain rum, an alcoholic beverage not authorized to be sold on the licensed premises. On December 4, 1997, Officers Chades and Guasch returned to the licensed premises to continue their investigation and, when approached by a waitress, ordered two Corona beers and a rum and coke. The waitress proceeded to the back of the counter, and was observed to begin to pour what was, presumably, rum into a cup; however, at about that time a patron entered the premises, apparently recognized Officer Chades as a police officer, and, after he spoke with the owner (Juana Angeles) at the counter, the waitress stopped pouring and returned to the table to inquire whether they wished to order food. The officers declined and, despite their request, they were not served the rum and coke. Officer Chades observed a lot of activity behind the counter as employees began moving various objects. Consequently, realizing he had been identified, Officer Chades called for his back-up and shortly thereafter Sergeant Merle Boyer of the Medley Police Department and Special Agent John Cobban of the Division of Alcoholic Beverages and Tobacco entered the licensed premises. Upon inspection, one 1.75 liter bottle of Smirnoff Vodka, an alcoholic beverage not authorized to be sold on the licensed premises, was seized from the kitchen area. Immediately outside the back door several other bottles were found, including Johnnie Walker Scotch and Jose Cuervo Tequila, which contained alcoholic beverages not authorized for sale on the licensed premises.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding Respondent guilty of the charges set forth in the Administrative Action and imposing a civil penalty in the total sum of $1,500 for such violations, subject to Respondent's option to substitute a period of suspension in lieu of all or a portion of the civil penalty. DONE AND ENTERED this 17th day of July, 1998, in Tallahassee, Leon County, Florida. WILLIAM J. KENDRICK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 17th day of July, 1998.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty as charged in the notice to show cause and that his license number 26-2026 be suspended for a period of fifteen days. DONE and ENTERED this 15th day of July, 1983, in Tallahassee, Florida. DONALD R. ALEXANDER 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 July, 1983. COPIES FURNISHED: James N. Watson, Jr. Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Joseph S. Farley, Jr., Esquire 350 East Adams Street Jacksonville, Florida 32202 Howard M. Rasmussen, Director Division of Alcoholic Beverages & Tobacco 725 South Bronough Street Tallahassee, Florida 32301 Gary Rutledge, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
The Issue Whether respondent's alcoholic beverage license should be suspended or revoked for alleged violations of the Beverage Law, Chapters 561 and 562, Florida Statutes (1981).
Findings Of Fact At all times material hereto, respondent held alcoholic beverage license No. 15-388 2-COP, authorizing it to sell beer and wine at its business known as Golden Dolphin #2, ("licensed premises") located at 218-B Highway A1A, Satellite Beach, Florida. The licensed premises includes a bar, lounge, and stage where nude or partially nude dancers provide live entertainment. I. Alleged Violations Occurring On July 3, 1980 During the evening of July 3, 1980, Beverage Officers B. A. Watts and Kevin Ashcroft entered the licensed premises in an undercover capacity. Officer Watts sat down at a table and ordered a beer. Patricia Belle Gardener a/k/a "Peaches," employed by respondent, approached and sat down at his table. While they were talking, Anita Jackson, a waitress employed by respondent, approached and asked him, "Do you want to buy Peaches a drink?" or words to that effect. He turned to Peaches and asked her if she wanted a drink; she answered "Yes." He then ordered a wine cocktail for her and paid Ms. Jackson $5.00. (Testimony of Watts.) Later that evening, Peaches asked Officer Watts if he would buy her another drink. He replied that the price was rather steep but that, if she got part of it, he would agree. After she replied that she received a commission from the sale, he agreed. She summonned waitress Jackson, and told her that he wanted another drink. Ms. Jackson asked Officer Watts if he wanted a bottle, which she said was a "better deal." (Tr. 32) After hearing the price, he declined and ordered her another wine cocktail. (Testimony of Watts.) Officer Watts then asked Peaches what time she got off work and if she had a date. She told him the time, and that she did not have a date. He asked if she liked to have a good time, to which she replied, "Yes, how much money have you got?" (Tr.33) He answered "How much will it take?" and offered her $20. She said "that's not enough." He asked, "[H]ow about $30?" (Tr.33) She agreed. He asked, "What will $30 get me?" and she replied, "Half and half," which--in street talk--means oral and sexual intercourse. (Testimony of Watts.) Officer Ashcroft, who had entered the premises with Officer Watts, had seated himself at the bar. He was approached by Laurie Thornton, another female dancer employed by respondent, who asked, "How about buying me a drink?" or words to that effect. He declined, after which she approached another patron at the bar. (Testimony of Ashcroft.) No evidence was adduced to show that respondent, through its owners or managers, knew that its employees were asking or soliciting customers to purchase alcoholic beverages for the employees' consumption. II. Alleged Violations Occurring On February 19, 1981 In February, 1981, DABT launched another investigation of the licensed premises. On February 19, 1981, Beverage Officers Fred Dunbar and Rufus Blanton entered the licensed premises, set at a table near the dance stage, and ordered beers from Helen Davis, a waitress employed by respondent. McKinney Rojas, a/k/a Tia Marie, a dancer employed by respondent, approached them and sat down at their table. Almost immediately, waitress Davis appeared and asked "Are you going to buy Ti [meaning Tia Marie] a drink?" (Tr.-73) Officer Dunbar replied, "Ti ain't said nothing about wanting a drink." (Tr.-73) Tia Marie then explained: Fred, let me explain it to you. This is a beer and wine bar, and it's against the rules for us to drink beer. What I'd like for you to do is buy me a bottle of champagne. Helen will bring it to us in a bucket of ice with two glasses and we can sit here and drink it together, and we can talk. (Tr.-73) Officer Dunbar agreed and ordered a small (6.3 oz.) bottle champagne for $10.00. Waitress Davis then brought it to the table with a bucket of ice and one glass. He continued to drink his beer; she drank the champagne and remained at the table for approximately 45 minutes, then excused herself because it was her turn to dance on stage. (Testimony of Dunbar, Blanton.) Tia Marie then returned to the beverage officers table. Almost immediately waitress Davis appeared and asked Officer Dunbar if he was going to buy Tia Marie another bottle. He declined. Tia Marie then stood up, and asked Officer Blanton if he was going to buy her a bottle. Waitress Davis asked him the same question. He agreed, waitress Davis brought another bottle of champagne, and he paid her $10.00. During this conversation, Tia Marie explained to the officers that she was getting a 25 percent commission for the drinks customers bought for her; that they were really paying for her company, not for the champagne. (Testimony of Blanton, Dunbar.) During that same evening, Beverage Officer Watts entered the licensed premises and sat at another table near the dance stage. He ordered a beer from waitress Davis. Shortly thereafter, "Sabal," a female dancer employed by respondent, sat down at his table and engaged him in conversation. A few minutes later, waitress Davis appeared and asked if he wanted to buy Sabal a drink. He turned to Sabal and asked her what she wanted. She replied, "Helen [Davis] can explain it to you." (Tr.-46) Ms. Davis then explained that he could buy a bottle of champagne for Sabal for $10.00. He agreed. (Testimony of Watts.) After Sabal finished drinking the champagne, she asked Officer Watts if he would buy her another bottle. He replied that it was a rather steep price, that he might agree if she got something out of it. After being assured that she received a commission of $3.00 per bottle, he agreed to purchase her another for $10.00. Waitress Davis, again, brought it to the table. After finishing her second bottle, Sabal told Officer Watts that it was her turn to dance and went to the nearby stage. (Testimony of Watts.) III. Alleged Violations Occurring On February 26, 1981 On February 26, 1981, the three beverage officers (Watts, Dunbar and Blanton) returned to the licensed premises. Officers Dunbar and Blanton again sat at a table near the stage, Officer Watts sat at another. While seated at their table, Officers Dunbar and Blanton were approached by "Dominique" (later identified as Madeline C. Droege), a female dancer employed by respondent. Dominique was wearing black panties, stockings with a garter belt, high-heeled shoes, and a silk elastic-like material covering her breasts. Almost immediately, waitress Davis appeared and asked, "Are you going to buy Dominique a drink?" (Tr.-77) Officer Dunbar replied, "We're not going to go through all that again are we?" (Tr.-77) Waitress Davis laughed, and Dominique said she would like to have some wine. But before he agreed to buy her wine, the conversation turned to the subject of lap dancing. (Testimony of Dunbar, Blanton) Dominique told Officer Blanton that she would perform a lap dance for him for $5.00. He agreed. When the next song started, she removed the silk material covering her breasts and straddled Officer Blanton's lap. Wearing only panties and high-heeled shoes, she simulated sexual intercourse by rotating and gyrating the lower part of her body. During the lap dance, she massaged her breasts with her hands. Later that evening she also performed the same type of dance on Officer Watts, for which she was also paid $5.00. (Testimony of Blanton, Watts.) After Dominique departed, Michelle Smith, another female dancer employed by respondent, approached the officers' table and asked if she could join them. They agreed, she sat down, and then waitress Davis appeared, asking, "Are you going to buy Michelle a bottle of champagne?" (Tr.-80) At first, he resisted. But Miss Smith encouraged him, "Oh, come on, Fred, buy me a bottle of champagne. (Tr.-81) He finally agreed, and waitress Davis brought a bucket of ice, a glass, and a small bottle of champagne, for which he paid $10.00. Miss Smith also told the officers that she received a commission on the champagne sales. After drinking half of the bottle she left the table, explaining that she had to go backstage. (Testimony of Dunbar.) She returned to the table a few minutes later, finished the bottle of champagne, and requested another. At the same time, she turned the bottle upside down in the ice bucket and admitted that this was a signal to the waitress that she wanted another bottle. Waitress Davis then returned to the table and--at Miss Smith's request--Officer Dunbar purchased her a second bottle of champagne. She later requested that he purchase a third bottle, but he declined, explaining that he was out of money. She then left the table and performed a striptease on the nearby stage. (Testimony of Dunbar.) Before leaving the premises, the two officers were approached by Tia Marie, the same dancer whom they had met on February 19, 1981. She sat at the table and asked Officer Blanton to buy her a drink. He agreed and waitress Davis returned with a bottle of champagne. Tia Marie consumed the champagne, then turned the bottle upside down on the ice bucket. (Testimony of Dunbar, Blanton) That same evening, Office Watts--who had seated himself at another table nearby--was also approached by Dominique, who sat down and engaged him in conversation. Waitress Davis soon appeared and asked if he would like to buy the lady a drink. He said the lady had not asked for one; Dominique responded that she would like to have one. She then ordered a bottle of champagne for which Officer Watts paid the waitress $10.00. (Testimony of Watts.)
Recommendation Based on the foregoing, it is RECOMMENDED: That respondent's alcoholic beverage license be revoked for multiple violations of the Beverage Law. DONE and RECOMMENDED this 20th day of April, 1983, 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 20th day of April, 1983. COPIES FURNISHED: James N. Watson, Jr., Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Samuel S. Henderson, Esquire and Jerrold A. Bross, Esquire 1365 North Courtney Parkway, Suite D Merritt Island, Florida 32952 Gary Rutledge, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Howard M. Rasmussen, Director Department of Business Regulation Division of Alcoholic Beverages and Tobacco 725 South Bronough Street Tallahassee, Florida 32301
