Findings Of Fact The Petitioners, Elvin and Barbara A. Boles, made an application to the Respondent for a new series 2-APS, license to be issued by the Respondent. This license was to be utilized at a business establishment known as Yulee Supermarket, located at the intersection of State Road 200 and US 17, near Yulee, Florida and in Nassau County, Florida. The Petitioners have also made an application for a new series 1-APS, license to be granted for an establishment known as Quick Market, which is located on Blackrock Road, 3 miles off State Road 100, near Yulee, Florida, in Nassau County, Florida. This application was also made to the Respondent. Both license applications are for businesses found in the unincorporated areas of Nassau County, Florida. For that reason, the Director of the Division of Alcoholic Beverages and Tobacco denied the respective license applications, based upon his contention that no licenses were available in Nassau County, Florida. Specifically, the Director was denying the beer and wine license applied for the Yulee Supermarket and the beer license applied for the Quick Market. The authority stated in the letters of denial, dated August 9, 1977, was Chapter 61-2532, Laws of Florida. This cause comes on for consideration based upon the denial of those license applications. Rule 7A-1.13, F.A.C., defines the scope of usage in the series 1-APS and series 2-APS licenses. Under this rule, a series 1-APS license is beer, package, and a series 2-APS, license is beer and wine, package. The terminology package means for consumption off premises. Therefore, the Petitioners would be allowed to sell beer on one premises and beer and wine on the second premises of any alcoholic weight content, to be consumed off the premises, assuming the licenses are granted. In examining the basis for the Respondent's denial of the license applications, the focal point of the Respondent's position seems to be found in Chapter 61-2532, Section 1., Laws of Florida. This section states: "the number of licenses which may be granted for the sale of intoxicating beverages (as defined by the 'The Florida Beverage Law') outside of any incorporated city or town, within Nassau County, to venders operating places of business where beverages containing alcohol of fourteen percent (14 percent) or less by weight are sold, is limited to one license for each five hundred (500) persons." An analysis of that section identifies the fact that it is the intoxicating beverage that is being regulated. Under the "Beverage Law," which is at issue, the definition of intoxicating beverage is found in s. 561.01(5), F.S., which states the following: "'intoxicating beverage' and 'intoxicating liquor' mean only those alcoholic beverages containing more than 3.2 percent of alcohol by weight." When this definition is considered in view of the latter language of the subject Section 1., of Chapter 61-2532, Laws of Florida, which speaks to the operation of businesses where beverages containing alcohol of 14 percent or less are sold; it is clear that the subject law regulates the number of licenses authorized in Nassau County, Florida, for selling alcoholic beverages whose content by weight of alcohol ranges from more than 3.2 percent up to and including 14 percent. The parties stipulated, that under the last decennial census, no quota of licenses, either series 1-APS or 2-APS were available under terms of the formula set forth in Chapter 61-2532, Laws of Florida. Consequently, any license granted, must be outside the purview of that law. From an examination of the privilege allowed under the series 1-APS, license, in view of the definition of intoxicating beverage found in s. 561.01(5), F.S., and the language of Chapter 61-2531, Laws of Florida, the Respondent should issue a series 1-APS, license to the Petitioner for sale of beer containing 3.2 percent of alcohol by weight or less, for consumption off premises. The issuance of such license would pertain to the Quick Market. (This decision would be in keeping with the final order issued by the Respondent, in the party of the Director of the Division of Alcoholic Beverages and Tobacco, in the case of Lil Champ Food Stores, Inc. d/b/a Lil Champ Food Store #96, State Road ALA East Pinewood Drive, Yulee, Florida. In that final order the Director allowed that licensee to maintain his series 1-APS, license in the unincorporated limits of Nassau County, Florida, but prohibited the sale of any alcoholic beverages of more than 3.2 percent of alcohol by weight.) One other matter was brought forth in the hearing concerning the series 1-APS, license for Quick Market. This matter pertained to the possible violation of a zoning restriction found in Chapter 61-2532, Laws of Florida, particularly Section 3. The proof offered in the hearing indicated that no such violation existed. This section spoke of locating a business or vendor of intoxicating beverages within a thousand feet of an established school or church. Moreover, the limitation would not have application to the type of license to which the Petitioner's are entitled, for the foregoing reasons. The requested series 2-APS, license for the Yulee Supermarket has two aspects; one pertaining to the sale of beer and the other pertaining to the sale of wine. Wine is an intoxicating beverage or liquor containing more than 3.2 percent of alcohol by weight and therefore Chapter 61-2532, Laws of Florida, would have application. Since no quota licenses are available in Nassau County, Florida, Chapter 61-2532, Laws of Florida, prohibits the issuance of a series 2- APS, license to the Petitioners. This opinion is stated, premised on the belief that the beer portion of the applied for license may not be severed from the request to sell wine for consumption off the licensed premises.
Recommendation It is recommended that the Director of the Division of Alcoholic Beverages and Tobacco grant a series 1-APS beer license for consumption off premises, limited to beer of 3.2 percent of alcohol by weight or less, to be given to the Quick Market. It is recommended that the application for series 2-APS beer and wine license for consumption off premises, to be granted to the business Yulee Supermarket, be denied. Done and Ordered this 4th day of October, 1977, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: W. O. Birchfield, Esquire 300 Independent Square Jacksonville, Florida 32201 Francis Bayley, Esquire Department of Business Regulation Division of Alcoholic Beverages and Tobacco 725 South Bronough Street Tallahassee, Florida 32304 ================================================================= AGENCY FINAL ORDER =================================================================
Findings Of Fact Based on the stipulated record described above, I make the following relevant findings of fact: The Petitioner currently holds alcoholic beverage license number 11-74 SRX, series 4-COP. The currently licensed premises include all of the rooms within Petitioner's clubhouse. On or about September 14, 1984, the Petitioner filed an application in which it requested that its licensed premises be extended to include all of the golf course which is adjacent to the clubhouse. The Petitioner's golf course consists of approximately 262 acres. The Petitioner is the owner of and has exclusive possession and control over all of the premises it seeks to have included in its license. The area Petitioner seeks to have included in its license includes other buildings in addition to the clubhouse building. The Petitioner does not hold a golf club license. The Petitioner does not by its application propose to have more than three separate rooms or enclosures in which permanent bars or counters will be located. A licensee is required to designate the licensed premises in a sketch included in or attached to the application for license so that the Division of Alcoholic Beverages and Tobacco can determine the area over which they have regulatory authority. The Division of Alcoholic Beverages and Tobacco has, on some occasions, granted applications for series 4-COP special restaurant licenses which included in the sketch of the licensed premises an uncovered patio area immediately adjacent to the covered portion of the restaurant building, which patio areas were used by the restaurant as an area for service of food and beverages. The Division of Alcoholic Beverages has not presented any reason for denying the Petitioner's application other than the opinion that the existing statutory provisions do not authorize the extension sought by the Petitioner. The Petitioner's alcoholic beverage license was issued pursuant to a special act of the Legislature. Chapter 70-574, Laws of Florida. Following receipt of notice that the Division of Alcoholic Beverages and Tobacco proposed to deny its application, the Petitioner filed a timely request for formal proceedings.
Recommendation For all of the foregoing reasons it is recommended that the Division of Alcoholic Beverages and Tobacco issue a Final Order denying the Petitioner's application to extend the area of its licensed premises. DONE and ORDERED this 25 day of June, 1985, at Tallahassee, Florida. Hearings Hearings MICHAEL M. PARRISH Hearing Officer Division of Administrative The Oakland Building 1230 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 FILED with the Clerk of the Division of Administrative this 25th day of June, 1985 COPIES FURNISHED: Sandra Stockwell, Esquire Department of Business Regulation 725 S. Bronough St. Tallahassee, Florida 32301 William Andrews, Esquire P.O. Drawer C Gainesville, Florida 32602 Howard M. Rasmussen Director Department of Business Regulation Division of Alcoholic Beverages and Tobacco The Johns Building 725 S. Bronough St. Tallahassee, Florida 32301
Findings Of Fact The Respondent, Cornelia T Brown, doing business as the Oasis Restaurant Bar and Lounge, is the holder of beverage license No. 45-356, Series 2-COP. This license allows the consumption of alcoholic beverages on the premises, located on Douglas Road, Groveland, Florida. The Petitioner, 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 beverage license holders in the State of Florida. On June 12, 1980, pursuant to a search warrant, Lake County Sheriff and Groveland Police officials accompanied by Petitioner's Beverage Officer, conducted a search of the licensed premises. Respondent was present throughout the investigation. Among the items seized as suspected controlled substances were seven plastic baggies and eight small manila envelopes containing a total of 52.1 grams of cannabis. Currency in the amount of $2,273,67 was also seized. The cannabis and currency were contained in a purse belonging to Respondent. The purse was discovered in the kitchen of the licensed premises, an area not open to bar/restaurant patrons or other members of the public.
Recommendation From the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of violations as alleged in Counts 1, 2 and 4. It is further RECOMMENDED that County 3, which duplicates County 2, and Count 5, be DISMISSED. It is further RECOMMENDED that Respondent's License No. 45-356 be REVOKED. DONE AND ENTERED this 30th day of September 1981 in Tallahassee, Leon County, Florida. R. T. CARPENTER 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 30th day of September 1981. COPIES FURNISHED: Cornelia T. Brown Route 1, Box 350-7 Groveland, Florida 32736 James N. Watson, Jr., Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
Findings Of Fact Respondent holds alcoholic beverage license no. 39-651, Series 4-COP, which applies to its business known as Library Lounge, located at 10924 Nebraska Avenue, Tampa, Florida. Respondent was so licensed at all times relevant to this proceeding. Tampa Police Department Detective Robert Ulriksen was in the licensed premises in an undercover capacity during November and December, 1980. On November 30, he purchased three grams of cocaine from the dancer-employee Lila Colvert. The purchase was made openly and involved at least one other person who gave Colvert the packet which was later identified as cocaine. Ulriksen paid Colvert $25 for the packet. Tests performed by the Florida Department of Law Enforcement Crime Laboratory (FDLE) estab1ished that the substance purchased by Ulriksen was, in fact, cocaine. Ulriksen purchased three purported Quaalude tablets from the dancer- employee Barbara Ann Smith for ten dollars during a visit to the licensed premises on December 2, 1980. Tests performed by FDLE established that the tablets were Quaaludes (methaqualone) Ulriksen again visited the licensed premises on December 5, 1980. On this occasion he purchased three tablets from the dancer-employee Lila Colvert, which she represented as Quaaludes. FDLE tests established that these tablets were Quaaludes. On December 7, 1980, Ulriksen was again in the licensed premises. On that occasion he purchased four tablets, that were later determined to be quaaludes by FDLE. He purchased these tablets for $12 from the dancer-employee Barbara Ann Smith. Ulriksen visited the licensed premises on December 9, 1980, and purchased four tablets which were later determined by FDLE to be Quaaludes. Ulriksen purchased these tablets from the dancer-employee Brenda Sue Parr for $15. On December 12, 1980, Ulriksen was in the licensed premises and discussed a purchase of quaaludes with the dancer-employee Tammy Yates. She took Ulriksen to the dancers' dressing room where she removed five Quaaludes from her purse. Ulriksen paid her $15 for these tablets, which were determined to be Quaaludes by FDLE. The dressing room transaction was observed by the manager, Gaskins, who told Ulriksen to leave. The testimony of FDLE personnel and Tampa Police Department employees who secured the substances purchased by Ulriksen established that this evidence was properly controlled throughout the investigation. There was no indication whatsoever of tampering or other improper handling of the substances. In mitigation of these charges, Respondent established that it has cooperated with the Tampa Police Department in the investigation of its employees and third persons who were involved in the drug trafficking. Subsequent to the arrest of these employees, Respondent adopted preemployment screening procedures and currently has no female entertainers employed in the licensed premises.
Recommendation From the foregoing, it is RECOMMENDED: That Petitioner enter a Final Order finding Respondent guilty of all charges contained in the Notice to Show Cause/Administrative Complaint and suspend Respondent's alcoholic beverage license no. 39-651 for a period of thirty days. DONE and ENTERED this 19th day of July, 1982 at Tallahassee, Florida. R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of July, 1982.
Findings Of Fact At all pertinent times, Escandar, Inc. had a valid alcoholic beverage license, No. 23-1461 4 COP. The parties so stipulated. Rafael Escandar is president of Escandar, Inc. which owns the building in which he manages the "Apartment Lounge," a bar, featuring "female nude dancing as entertainment." (I T. 25) On August 5, 1981, petitioner formally advised respondent that solicitation by employees of alcoholic beverages from patrons was proscribed by law. The year before allegations of such offenses had resulted in a stipulated $500.00 penalty against respondent. On March 26, 1982, at about quarter past ten, Officers Louis J. Terminello, and Juanita Loud entered the Apartment Lounge, posing as customers. In a separate group, three other undercover agents, Officers Davis, Chastain and Iturralde also visited the establishment. The place was dark and noisy. Aside from illuminated exit signs, the only lights were on stage and in the girls' dressing room. Loud music but no light emanated from the juke box. People could not be heard from one table to the next and had to speak very loudly to be heard from one bar stool to the next. These conditions obtained on all subsequent visits, as well. Mr. Terminello and Ms. Loud struck up a conversation with Carol Brooks, a dancer who stopped at their table clad in a sheer negligee, between dances. They asked her for a gram of cocaine. She said she didn't think a gram was available on the premises, but took Ms. Loud back to the dressing room and gave her an amber glass vial containing a smaller amount of cocaine. On their return to the table where Mr. Terminello had stayed, he passed a ten dollar bill to Ms. Loud, who gave it to Ms. Brooks. At her request, Mr. Terminello bought Ms. Brooks a drink. At one point Terminello left the table for the bar, and another dancer, Lorrie Jobes, asked him for a drink, which he bought for her. Later, after the undercover officers brought up the subject of drugs, Ms. Jobes sold them a gram of cocaine for $70.00. The transaction took place in the women's restroom. Less than a gram may have in fact been involved, since the chemist received only two tenths of a gram of cocaine. Petitioner's Exhibit No. 4. Both groups of undercover agents returned to the Apartment Lounge on the following Thursday, April 1, 1982. Terminello and Loud asked a third dancer, Bonnie Smith, about cocaine and purchased a small amount from her for $5.00. This transaction occurred at a table in the bar. The next night both groups showed up again. Mr. Terminello gave Lorrie Jobes $70.00 for a gram of cocaine which she delivered to him at his table shortly after midnight. At one point Ms. Loud left the table and a dancer offered to give Mr. Terminello a blow job in his car when she got off work for $20.00. Later another dancer, Jill Carpenter, offered to commit oral sex on her next break for $50.00 in the parking lot. Bonnie Smith told Terminello that Linda Vonluttichau, another dancer, had good cocaine for sale at $80.00 per gram with a two gram minimum. After speaking to Ms. Vonluttichau himself, Mr. Terminello left $160.00 inside a napkin on the bar. After she had picked up the money, she waved him over to the bar and gave him some cocaine in a Zip-Loc bag. Later Laurie Hegarty, a barmaid, asked Mr. Terminello if she could ingest some of the cocaine he had purchased because, she said, she had heard it was very good. He obliged. Still later, Mr. Terminello purchased half a gram of cocaine from Lorrie Jobes for $30.00. About twenty of eleven on the night of April 3, 1982, Officers Loud, Terminello, Chastain, Iturralde and Davis made a fourth visit to the Apartment Lounge. Bonnie Smith led Terminello to the women's restroom where he purchased half a gram of cocaine from one William Golden for $30.00. Later the same evening he bought a gram of cocaine for $80.00 from Linda Vonluttichau, which she delivered to him over the bar while Rafael Escandar was seated near the other end of the bar. Another visit by the undercover agents, on April 9, 1982, was no less eventful. Mr. Terminello purchased six Quaalude tablets from still another dancer, Ms. Chitty, a marijuana cigarette from Jill Carpenter for $2.00, and two ounces of marijuana from Sherry Mays, also a dancer at the Apartment Lounge, not to mention drinks for Ms. Chitty and Bonnie Smith. Sherry Mays asked Terminello to buy her a drink, as well. It was also Sherry Mays who, seeing that Mr. Terminello's shirt bore the legend "SUNOCO," indicated her willingness to "agree to exchange a tank full of gas for oral sex on a regular basis, two or three times a week." (II T. 8) After talking to Ms. Linda Vonluttichau about purchasing two grams of cocaine and at her direction, Mr. Terminello gave Ms. Hegarty $160.00. Ms. Vonluttichau later delivered the cocaine to Mr. Terminello at his table. Still later Mr. Terminello accompanied Ms. Hegarty to the women's rest room where she ingested some of the cocaine Mr. Terminello had just purchased. The undercover agents made a final visit to the Apartment Lounge on April 16, 1982. That night Rafael Escandar told Mr. Terminello that "an old friend of his in the North Miami Police Department . . . [advised that the bar was under investigation] for narcotics and that [Terminello] needed to be especially careful because the person who called him described [Terminello] and Loud as having bought narcotics on the premises. "So he cautioned me about being careful, that the police were going to arrest [Terminello and Loud] if they found [them] or something like that." (II T. 18-19) This was shortly before other beverage officers arrived and executed a search warrant. The search turned up about one fifth of a gram of cocaine. Petitioner's Exhibit Nob. 14. Rafael Escandar was on the licensed premises every night the undercover agents were there, except for April 1, 1982. He routinely spent time at the bar on a particular stool, in between bookkeeping chores that he performed in an office closed off from the bar's not inconsiderable distractions. As standard practice, hem and Barbara Abbott, who has worked at the Apartment Lounge for more than a decade, specifically warned the dancers, many of whom were transient, against prostitution, drug vending and solicitation of drinks. Dancers have been fired for failing to observe one or more of these prohibitions. According to Tom Mandy, formerly a police officer who visited the Apartment Lounge regularly "to make sure there was no prostitution going on in the place," II T. 223, and occasionally to evict unruly patrons, management's "rules" were strictly enforced, and Mr. Escandar, if the police "wanted people fired that [they] thought were undesirable . . . would fire them immediately. There wouldn't be any questions asked." (II T. 231) Nothing in the evidence suggested that Mr. Escandar expected any share of the money (or gasoline) solicited or obtained by the dancers in exchange for their illegal goods and services. Except for Laurie Hegarty and Linda Vonluttichau, who was employed as a barmaid for a year and a half, the offending employees had not worked long for the Apartment Lounge. Kimberly Chitty worked less than a full night, one of only 20 nights over a period of a few months. Generally, they were transients or "street girls." Lorrie Jobes worked only ten days, she was fired before the raid on April 16, 1982. The evidence did not show what extent, if any, Mr. Escandar or Escandar Inc. profitted from sales of drinks solicited by the dancers. Early on in the investigation, Mr. Escandar noticed officers Loud and Terminello. They stood out because they came together as a couple and because dancers congregated at their table. Mr. Escandar testified that he "never thought about drugs." II. T. 270 Instead, he said he "thought that they were there to have some, trying to make out, to get a party at the end of the night." II. T. 270 On April 16, 1982, Escandar testified, he decided they were undesirables and told them that the police were coming, in an effort to get them to leave the bar. He explained that he had not earlier sought to discourage their presence in the bar, "because the girls ke[pt] telling me that they were spending money." (II. T. 274) There was no evidence of drug sales to anybody other than undercover agents. Mr. Terminello and Ms. Loud developed a certain rapport with many of the dancers, one of whom propositioned Ms. Loud. In preparing the foregoing findings of fact, respondent's proposed findings of fact, to the extent they have been extricable from proposed conclusions of law, have been largely adopted, in substance. To the extent they have been rejected, they have been deemed irrelevant or unsupported by the weight of the evidence.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner revoke respondent's beverage license. DONE AND ENTERED this 20th day of December, 1982, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of December, 1982. COPIES FURNISHED: Harold F. X. Purnell, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Paul R. Lipton, Esquire 1031 North Miami Beach Boulevard North Miami Beach, Florida 33162 Captain John Harris Ernest R. Graham Building 1350 Northwest 12 Avenue Miami, Florida 33136 Charles A. Nuzum, Director Department of Business Regulation Division of Alcoholic Beverages & Tobacco 725 South Bronough Street Tallahassee, Florida 32301
The Issue Whether Timothy John O'Dea, on behalf of Respondent, Skyline Caterers Corporation, d/b/a Cracker Barrel, willingly and knowingly falsely swore to having no criminal charges filed against him within the past 15 years on his Alcoholic Beverage and Tobacco license application on September 1, 1999.
Findings Of Fact Petitioner, the Department of Business and Professional Regulations, Division of Alcoholic Beverages and Tobacco, is the Agency charged with the responsibility of administrating and enforcing the beverage laws of the State. Chapters 559-568 Florida Statutes. At all times material to this proceeding, Respondent, Skyline Caters Corporation, d/b/a Cracker Barrel, Timothy John O'Dea, President, operated a licensed restaurant-catering business located at 7984 North Tamiami Trail, Sarasota, Florida 34243. At all times material to this proceeding, Respondent applied for and was holding Beverage License Number 51-00228, Series 2APS, package sales only of beer and wine (and other alcoholic beverages under 6 percent alcohol by volume) and 51-02385 tobacco. On or about September 1, 1999, Timothy John O'Dea, on behalf of Respondent, completed a License/Permit application, Form ABT 4000-001L. On page four of the application, under oath or affirmation, Mr. O'Dea answered "NO" to the question have you had any criminal charges filed against you within the past 15 years. Special Agent Suzanne Castro, testimony proved that the criminal charges portion of the Alcoholic Beverage License Application, that asks whether Respondent has any criminal charges filed against him, is used in determining applicant's initial eligibility for the requested license. According to Special Agent Castro, reliance upon the sworn information provided by Respondent was the basis upon which the Agency issued to Timothy John O'Dea the herein- referred to license. In completing the approval process, DABT's routine and subsequent investigation revealed that Timothy John O'Dea had been arrested and charged with thief of services by the Passaic, New Jersey, Police Department on January 18, 1995. The Bergen, New Jersey, Police Department, on August 3, 1995, arrested Respondent a second time on the charge of thief of services. The dispositions of the arrests are unknown. Presently, there are two outstanding New Jersey arrest warrants for Timothy John O'Dea. Timothy John O'Dea, willingly and knowingly, falsely swore, under oath or affirmation, of having no criminal charges filed against him within the 15 years prior to September 1, 1999.
Recommendation Based on the foregoing Findings of Fact, Conclusions of Law, and review of the penalty guidelines in Rule 61A.2-022, Florida Administrative Code, it is RECOMMENDED that the Department of Business and Professional Regulation enter a final order revoking license numbered 51-00228, Series 2APS, issued to Timothy John O'Dea. DONE AND ENTERED this 24th day of July 2001, in Tallahassee, Leon County, Florida. FRED L. BUCKINE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 24th day of July, 2001. COPIES FURNISHED: Michael Martinez, Esquire Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-1007 Lt. David Merrill Department of Business and Professional Regulation 1748 Independence Boulevard Building E, Suite 4 Sarasota, Florida 34234 Timothy John O'Dea Cracker Barrell 7984 North Tamiami Trail Sarasota, Florida 34243 Richard Turner, Director Division of Alcoholic Beverages and Tobacco Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 Hardy L. Roberts, III, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202
The Issue The issue presented here concerns the entitlement of Wiley Ulee Pridgen to transfer the beverage license which be owned to the entity, Adult World, Inc., a corporation.
Findings Of Fact Pursuant to an agreement entered into between the parties in the person of their counsel, made on September 8, 1980, the date for hearing in this cause, and in view of the written Stipulation which consummated the purposes of that agreement, the following facts are found: Wiley U. Pridgen was served with official notice that charges would be filed against him on December 10, 1979. On December 21, 1979, Wiley U. Pridgen filed an application with Respondent's Orlando District Office for transfer of ownership of his beverage license to Adult World, Inc., a corporation. On March 6, 1980, Wiley U. Pridgen was notified by the Director of the Division of Alcoholic Beverages and Tobacco that his application for transfer of ownership had been disapproved for the reason that administrative action is pending and undetermined against the subject licensee pursuant to Florida Statute 561.32. On March 17, 1980, a copy of the formal administrative charges were served on Wiley U. Pridgen. On August 8, 1980, Charles C. Adams, Hearing Officer, Division of Administrative Hearings, entered an order dismissing the instant Notice to Show Cause with leave to refile. On August 25, 1980, formal charges were served upon Petitioner in the form of a Notice to Show Cause after affording a hearing to Wiley U. Pridgen under Florida Statute 120.60(6).
Recommendation It is RECOMMENDED that the Petitioner, Adult World, Inc., d/b/a Strip World Topless Entertainment, be denied its request to have the ownership of License No. 58-1278, Series 2-COP, transferred from Wiley U. Pridgen to Adult World, Inc. DONE AND ENTERED this 7th day of October, 1980, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675
Findings Of Fact Based on the stipulations of the parties, on the exhibits received in evidence and on the testimony of the witnesses at the hearing, I make the following findings of fact: The Respondent, Jamestown In The Grove Apartments Club, Inc., d/b/a Suzanne's In The Grove, (hereinafter referred to as "Suzanne's") holds alcoholic beverage license number 23-1193, license series 11-C. Respondent has held the subject license since December of 1971. For a number of years the Respondent operated at its present location in much smaller premises. Several years ago the buildings where Respondent was located were demolished and a highrise condominium building was erected on the site. Respondent obtained space in the new building and embarked upon a plan to create a larger and fancier facility then it had previously operated. The new improved facility began operations in May of 1983 under the present name of Suzanne's In The Grove. The new improved facility is, in the words of one of the witnesses, "... a high fashion, beautiful people-type disco nightclub in Coconut Grove." The property and furnishings for the new improved facility required an investment in excess of two million dollars. During the planning stages for the new improved facility which opened in May of 1983, Suzanne's retained the services of a consultant who was an expert in the planning and operation of limited membership clubs. The consultant worked with the management of Suzanne's in designing the layout of the premises and in instituting operational procedures designed to maximize the ability of management to control access into the premises. The concepts employed by the consultant were modeled on the procedures used at limited access private clubs on military bases. The premises were specifically designed to facilitate the limitation of access to members and their guests. To that end, the premises had a small doorway, had a desk for checking membership just inside the doorway, and had a narrow stairway that led from the reception desk to the main area of the club. Suzanne's also issued plastic membership cards embossed with the member's name in raised letters. The operations procedures included provisions for a doorman, at least one receptionist at the desk, and at least one employee at the top of the stairs. Often they had more than one employee at the desk and at the top of the stairs. Due to unexpected extremely large crowds of patrons when Suzanne's first opened, they also contracted for additional security personnel to assist their regular employees with access control. As part of the preparation for the opening of Suzanne's the management of the club formulated a set of written policies for employees. Included in these written policies were specific prohibitions against any conduct which would constitute a violation of the alcoholic beverage laws. Each employee was given a copy of these written policies and was required to read the policies and then sign a statement agreeing to comply with the policies and acknowledging that he or she would be fired for any violation of the policies. These policies included a specific prohibition against admitting anyone who was not a member or a bona fide guest of a member. Between the opening of Suzanne's and the dates of the violations charged in this case, Suzanne's had fired employees for admitting people who were not members. Prior to opening in May of 1983, Suzanne's also instituted a policy of requiring periodic polygraph examinations of all employees. The consultant helped them formulate the questions to be asked during the polygraph examinations. The polygraph examinations specifically covered questions as to whether the employee was aware of the members-only regulations, whether the employee had ever distributed a membership card without collecting a membership fee and turning the fee over to the club, and whether the employee had ever let anyone into the club who was not a member or a bona fide guest of a member. If the results of the polygraph examination indicated that an employee was being deceptive about whether he or she had admitted non-members to the club, the employee was terminated. The consultant also assisted the management of Suzanne's in the selection of key employees and participated in the interviews of those employees. From the date of opening through August 28, 1983, Suzanne's sold 3,025 memberships at $50.00 each. Since August 28, 1983, Suzanne's has taken in an additional $198,000.00 in membership fees. Because of the large amount of revenue generated by the sale of memberships, Suzanne's has always been very interested in strict enforcement of the members-only policy. It is in Suzanne's best economic interests to maintain strict enforcement because without such enforcement there would be no reason for anyone to buy a membership and Suzanne's would in all likelihood lose substantial membership revenues. Suzanne's entire marketing concept would have been ruined if people could get in easily without having a membership card. When Suzanne's first opened in May of 1983, all employees were required to attend a meeting at which an attorney specializing in alcoholic beverage law told them about the requirements of the liquor laws in general and about the special provisions of the liquor laws relating to 11-C licenses. All of the employees were specifically told that the sale of alcoholic beverages was restricted to members and their guests. The consultant employed by Suzanne's recommended an emphasis on access control at the door rather than a system of point of sale control because Suzanne's did not have an in-house credit or charge system, which is the best system to use for a point of sale control system. An in-house credit system was prohibitively expensive where membership dues were only $50.00 per person. A typical Dade County club with an in-house credit system has an annual membership fee of $460.00 in addition to an initial fee of $1,000.00 to join. Since the dates of the violations charged in this case Suzanne's has maintained its access control procedure at the door and has added a point of sale control system as well. The point of sale control includes imprinting the membership card on all sales slips. On August 28, 1983, two investigators of the Division of Alcoholic Beverages and Tobacco went to Suzanne's at about 2:20 a.m. They told the doorman ("Robert") that they were not members but that they wanted to go in and look around. The doorman let them in, but told them that if anyone asked they should say they came in with a member. Once inside the premises, each of the DABT investigators ordered and were served an alcoholic beverage. None of the bartenders or barmaids asked if they were members. On September 7, 1983, the same two investigators returned to Suzanne's at approximately 11:40 p.m. They walked past the doorman and other employees and entered the premises. No one tried to determine if they were members. Both investigators ordered and were served an alcoholic beverage. On September 10, 1983, two DABT investigators (one who had been on both prior occasions and one who had not been there before) went to Suzanne's. A line of approximately 300 people were waiting outside to enter Suzanne's. To avoid waiting in the line, the two investigators went near the front of the line and waited until the one who had been there before could get the attention of Robert, the doorman. When he got Robert's attention, he asked Robert if Robert could do them a favor about the line and gave Robert $5.00. Robert took the money and admitted the two investigators without asking whether they were members. One of the investigators was able to order and be served an alcoholic beverage. It was so crowded inside that the other investigator was not able to place an order for an alcoholic beverage. On September 21, 1983, the two DABT investigators who had visited Suzanne's on the first occasions described above returned to the premises. Again they were able to enter without being asked about their membership status and both ordered and were served an alcoholic beverage. None of the DABT investigators who went to Suzanne's on the four occasions described above were members of the Suzanne's, nor were they bona fide guests of anyone who was a member. On each occasion when they were served alcoholic beverages, they paid the regular price for the beverages, approximately $3.50 each. On all four of the occasions described above when the DABT investigators entered Suzanne's and purchased alcoholic beverages, the club was very crowded. The extent of the crowds on those nights is reflected by the gross receipts for those four nights which were, respectively, $10,099.35, $5,125.60, $9,973.25, and $5,034.15. On all four of the occasions described above when DABT investigators entered Suzanne's, there were several employees of Suzanne's both in the area of the reception desk at the bottom of the stairs as well as at the top of the stairs attempting to control access to the premises and maintain control over the crowds. During 1983 Suzanne's was obtaining security services from Dade Federal Security. The security company would provide plainclothes guards to assist Suzanne's employees check membership, to help maintain order, and to help control the line outside when it was especially crowded. Sometime during 1983 the management at Suzanne's complained to Dade Federal Security that they suspected that some of the guards provided by Dade Federal Security had been taking money to admit non-members into the premises. Dade Federal Security confronted its employees with this complaint and one of the employees confessed to having taken money to admit non-members to Suzanne's. The employee was fired. The foregoing findings of fact contain the substance of the vast majority of the findings proposed by both parties. Proposed findings which are not incorporated in the foregoing findings are specifically rejected as irrelevant, as contrary to the greater weight of the evidence, or as unsupported by persuasive competent substantial evidence.
Recommendation On the basis of all of the foregoing, I recommend that the Director of the Division of Alcoholic Beverages and Tobacco enter a Final Order in this case dismissing all charges against the licensee. DONE AND ORDERED this 3rd day of July, 1985, at Tallahassee, Florida. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of July, 1985. COPIES FURNISHED: Howard Rasmussen, Director Division of Alcoholic Beverages and Tobacco 725 South Bronough Street Tallahassee, Florida 32301 Harold F. X. Purnell, Esquire General Counsel Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Sy Chadroff, Esquire 2700 Southwest 37th Avenue Miami, Florida 33133
The Issue The Petitioner, Melvin E. Smith, has submitted a request to the Respondent, State of Florida, Division of Alcoholic Beverages and Tobacco, to issue him a new Series 2-APS beverage license and this request has been denied. The issue to be resolved by this Order is the question of the Petitioner's entitlement to the subject license.
Findings Of Fact The Petitioner, Melvin E. Smith, who trades as Melvin's Exxon in a location at 5057 U.S. 1, North, Jacksonville, Duval County, Florida, has applied for a new Series 2-APS beverage license. On July 5, 1979, the Director of the State of Florida, Division of Alcoholic Beverages and Tobacco, replied to the request for license by denying that license application, with the stated grounds for denial being the alleged indication of lack of good moral character on the part of the Petitioner; specifically, a felony conviction within the last fifteen (15) years and beverage law conviction within the past five (5) years, which made the applicant unqualified per Section 561.15, Florida Statutes. The testimony in the course of the hearing revealed that in 1966 the Petitioner was convicted of breaking and entering, an offense against the laws of United States and a felony. Furthermore, on May 29, 1975, in the County Court of Duval County, Florida, Criminal Division, the Petitioner was adjudged guilty of the offense of refusing to allow a search of the premises in violation of Section 562.41, Florida Statutes, and received a fine of $50.00 together with $2.00 court cost. See Respondent's exhibit No. 1 admitted into evidence, which is a copy of the Judgment and Sentence in that matter. Section 562.41, Florida Statutes, is a part of the Beverage Law, Enforcement Section.
Recommendation It is recommended that the Petitioner, Melvin E. Smith's request for a new Series 2-APS beverage license be DENIED. DONE AND ENTERED this 18th day of December, 1979, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Daniel C. Brown, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Melvin E. Smith 5057 U.S. 1 North Jacksonville, Florida ================================================================= AGENCY FINAL ORDER =================================================================
Findings Of Fact Based on the evidence presented at hearing, the following facts are determined: At all times material to the charges, Ronald Wayne Diamond and Susan Joyce Saiia owned and operated a partnership trading as Susan's Las Olas Seafood Market at 1404 E. Las Olas Boulevard, Fort Lauderdale, Florida ("the licensed premises") On the licensed premises, they sold alcoholic beverages under the authority of alcoholic beverage license No. 16-3029, Series 2-APS. On January 17 or 18, 1982,and on January 19, 1982, Broward County Sheriff's Department Detective Fernandez entered the licensed premises in an undercover capacity and negotiated with Respondent Ronald Diamond for the sale and delivery of cocaine and cannabis. Respondent Susan Saiia was present and aware of these negotiations, although she did not actively participate in them. On one of these occasions, she warned Respondent Diamond to be careful, that she had seen someone in the back alley who looked like he was wearing a recording device. On January 20, 1982, Respondent Diamond was arrested on charges of unlawful trafficking in cocaine and possessing cannabis in violation of Sections 893.135(1)(b) and 893.13(1)(e), Florida Statutes. He was taken to the licensed premises where a search warrant was executed and two ounces of marijuana were found in an office file cabinet. (Petitioner's Exhibit No. 2) On May 6, 1982, the Circuit Court of the Seventeenth Judicial Circuit, adjudging Respondent Diamond guilty of these felonies, sentenced him to fifteen years in prison and fined him $250,000 for trafficking in cocaine. He was sentenced to an additional five years for the possession of cannabis. (Petitioner's Exhibit No. 3)
Recommendation Based on the foregoing, it is RECOMMENDED: That Respondents' alcoholic beverage license No. 16-3029, Series 2-APS, be revoked for multiple violations of the Beverage Law. DONE and ORDERED this 12th day of July, 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 12th day of July, 1983. COPIES FURNISHED: John A. Hoggs, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Maurice Graham, Esquire Suite 2 2161 E. Commercial Blvd. Ft. Lauderdale, Florida 33308 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
