Findings Of Fact Respondent held valid alcoholic beverage licenses for Pirate Jim's Restaurant and Lounge and Island House Games People Play at all times relevant to these proceedings. Thomas Joseph Dorsey was a principal corporate officer during such relevant period. Dorsey was arrested in the Miami area for trafficking in cannabis on or about September 2, 1981. The testimony of a Florida Department of Law Enforcement special agent established that he attempted to arrange the purchase of a large quantity of marijuana from Dorsey pursuant to their agreement. The evidence did not establish that the substance viewed by the special agent was, in fact, marijuana. Further, there was no evidence that any sale or delivery took place or that any controlled substances were seized as a result of the proposed transaction.
Recommendation From the foregoing, it is RECOMMENDED: That Petitioner enter a Final Order dismissing the charges against Respondent. DONE and ENTERED this 7th day of December, 1982, in Tallahassee, Florida. R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of December, 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
Findings Of Fact Respondent holds alcoholic beverage license No. 39-1060, Series 4-COP, for the premises known as the Big Oak Patio, located at 501 South Waller Street, Plant City, Florida. Petitioner's investigation indicated that Charles W. Nettles, Jr., the son of Beatrice Nettles, was primarily responsible for the operation of the licensed business and the payment of all bills attributed to the licensed business. The evidence established that Charles Nettles, Jr., had opened a bank account with the Hillsborough State Bank of Plant City which was used to pay business expenses for the Big Oak Patio. Bank records revealed that Charles Nettles, Jr.'s bank account showed an address of 501 South Waller Street, Plant City, the address of the licensed premises owned by Beatrice Nettles and E. W. Strickland. Petitioner's inspection of the bank records established that nine checks signed by Charles Nettles, Jr. were issued to alcoholic beverage distributing companies servicing the Big Oak Patio. On September 15, 1982, Petitioner's investigator contacted the Department of Revenue for the State of Florida, Tampa District, and confirmed the sales tax number for the Big Oak Patio was issued to Beatrice Nettles and Charles Nettles, Jr. The investigation also showed that Charles Nettles was responsible for having the power turned on by the electric power company, Plant City Office, for the Big Oak Patio and has been responsible for payment of the utility bills for the Big Oak Patio. As part of Petitioner's investigation, the licensee, Beatrice Nettles, was interviewed at her residence in Plant City. Throughout the interview, Mrs. Nettles denied any involvement with the business and repeatedly informed Petitioner's investigator that Charles Nettles, Jr. owned the business. At the formal hearing, testimony by Respondent showed that the original license of the Big Oak Patio was held in Beatrice Nettles' husband's name. Upon his death, over fifteen years ago, Beatrice Nettles and E. W. Strickland were appointed as co-administrators by the probate court handling Charles Nettles, Sr.'s estate. An order was entered by this court authorizing the co- administrators to continue the business of the Big Oak Patio. The appointment of co-administrators at the death of Charles Nettles, Sr. was necessitated by the fact that Charles Nettles, Jr. and his sister were not of age and could not lawfully operate the business. Neither Charles Nettles, Jr. nor his sister have gone back to court to have the co-administrators removed and final distribution made of the assets of Charles Nettles, Sr.'s estate.
Recommendation From the foregoing, it is RECOMMENDED that Respondent furnish Petitioner a court order removing the co-administrators and distributing the remaining estate of Charles Nettles, Sr., in so far as it affects the licensed business, along with proper application(s) for such heir(). It is further RECOMMENDED that if Respondent does not present the above described order and application(s) by March 1, 1983, that Petitioner enter a Final Order revoking alcoholic beverage license No. 39-1060. DONE and ENTERED this 30th day of December, 1982, in Tallahassee, Florida. R. T. CARPENTER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of December, 1982.
The Issue Whether Respondent violated Section 562.12(1), Florida Statutes, by selling alcoholic beverages in a manner not permitted by its license and, if so, the penalties that should be imposed.
Findings Of Fact The Respondent, Sunny South Lodge, No. 671, holds license number 60-000784, series 11-C, authorizing it to sell alcoholic beverages on the premises of Sunny South Lodge No. 671, located at 23 Southwest 9th Avenue, Delray Beach County, Florida (the licensed premises). At the time of the formal hearing, Sammie L. Joseph was the President and Exalted Ruler of Sunny South Lodge No. 671. Based on a complaint from the Delray Beach Police Department, Petitioner initiated an investigation on November 8, 1996, to determine whether Respondent was selling alcoholic beverages in a manner not permitted by its license. On December 20, 1996, Johnnie Wilson, a Special Agent employed by Petitioner, went to the licensed premises to investigate alcoholic beverage sales to nonmembers. Agent Wilson entered the premises and paid a $3.00 entrance fee. When he paid this fee, someone stamped his hand with a mark that was not legible. The stamp was to identify patrons who had paid the cover charge. Agent Wilson was not a member of the club or a guest of any member of the club. At no time did Agent Wilson represent himself as being a member of the club or as being the guest of a member. Agent Wilson purchased from a bartender inside the premises two alcoholic beverage drinks, each containing Tanqueray gin. Agent Wilson paid $4.00 for each drink. No one, including the bartenders inside the premises, asked Agent Wilson whether he was a member of the club or the guest of a member. On January 10, 1997, Special Agent Wilson returned to the licensed premises as part of his investigation. Agent Wilson entered the premises, paid a $2.00 entrance fee, and signed a fictitious name in a spiral notebook. Agent Wilson was not a member of the club or a guest of any member of the club. At no time did Agent Wilson represent himself as being a member of the club or as being the guest of a member. Agent Wilson purchased from a bartender inside the premises two alcoholic beverage drinks, each containing Tanqueray gin. Agent Wilson paid $4.00 for each drink. No one, including the bartenders inside the premises, asked Agent Wilson whether he was a member of the club or the guest of a member. Respondent holds an alcoholic beverage club license issued pursuant to Section 565.02(4), Florida Statutes, which authorizes the club to sell alcoholic beverages only to members and nonresident guests. Respondent has had three prior administrative actions filed against its alcoholic beverage license for violation of Section 562.12(1), Florida Statutes, in 1994, 1995, and 1996. All three prior administrative actions were settled through the payment of a civil penalty. The Division has standard penalty guidelines for violations of the alcoholic beverage law which are set forth in Rule 61A-2.022, Florida Administrative Code. The Division's standard penalty for a fourth occurrence violation of Section 562.12(1), Florida Statutes, is revocation of licensure.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent's alcoholic beverage license number 60-00784, series 11-C, be revoked. DONE AND ENTERED this 23rd day of October, 1997, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of October, 1997
The Issue Whether or not on or about the 14th of March, 1976, Pearlie Mae Smith, a licensed vendor, did have in her possession, permit or allow someone else, to wit: Junior Lee Smith, to have in their possession on the licensed premises, alcoholic beverages, to wit: 5 half-pints of Smirnoff Vodka, not authorized by law to be sold under her license, contrary to s. 562.02, F.S.
Findings Of Fact On March 14, 1976, and up to and including the date of the hearing, the Respondent, Pearlie Mae Smith, held license no. 72-65, series 2-COP with the State of Florida, Division of Beverage. The licensed premises is located at 1013 West Malloy Avenue, Perry, Florida. On the morning of March 14, 1976, Officer B.C. Maxwell with the State of Florida, Division of Beverage acting on an informant's information, searched the informant to determine if the informant had monies other than the money that the officer had given him or any alcoholic beverages on his person. Once the informant had been searched and it was determined that the informant was carrying with him only the money that the officer had given him to purchase alcoholic beverages, the informant was sent into the subject licensed premises. The informant returned with a half-pint bottle of alcoholic beverage not permitted to be sold on the licensed premise and indicated that this purchase was made from one Junior Lee Smith. Later in the morning, around 11:30, officers of the State of Florida, Division of Beverage entered the licensed premises and an inspection of those premises revealed a bag containing 5 half-pint bottles of Smirnoff Vodka in the kitchen area of the licensed premises. This bag and contents were admitted as Petitioner's Exhibit #2. The 5 half-pint bottles of Smirnoff Vodka are alcoholic beverages which are not allowed to be sold under the series 2-COP license on the subject premises. When the officers entered, the same Junior Lee Smith was in the licensed premises and indicated that he was in charge of the licensed premises and had been selling alcoholic beverages for "quite some time" together with his wife, Pearlie Mae Smith, the licensee. The bag he indicated, had been whiskey that had been left over from the night before.
Recommendation It is recommended that based upon the violation as established in the hearing that the licensee, Pearlie Mae Smith, have her beverage license suspended for a period of 30 days. DONE and ENTERED this 19th day of December, 1976, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Larry D. Winson, Esquire Staff Attorney Division of Beverage 725 Bronough Street Tallahassee, Florida 32304 Mrs. Pearlie Mae Smith 1013 West Malloy Avenue Perry, Florida
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 At all times pertinent to this hearing, Respondent, James A. Singleton, doing business as Harvey's Bar B Que, possessed 2-COP Beverage License No. 60- 2295 at his place of business at 717 North Tamarind Avenue, West Palm Beach, Florida. A 2-COP beverage license permits the sale of only beer and wine for on-premises consumption. No hard liquor is permitted to be sold, served or stored on the premises covered by the license. On December 17, 1982, armed with a search warrant properly issued based on probable cause provided by confidential informants, a West Palm Beach Police Department patrol headed by Lt. (then Sgt.) Eugene G. Savage entered Respondent's premises at 5:15 p.m. In a separate room to the rear of the building they found 2.2 pounds of a leafy vegetable matter packaged, some in 40 small manila envelopes (nickel bags) and some clear plastic bags. This vegetable substance was subsequently analyzed at the Palm Beach County Crime Laboratory and determined to be marijuana. At the same time, the officers also found 92 sealed half-pint bottles of hard liquor consisting of rum, vodka, gin and brandy. When Respondent was arrested at the time of the search, he had over $400 on his person. None of this money had serial numbers which matched those of money used in an undercover purchase of marijuana several days previously. Respondent explained the large sum of money as being the proceeds of his biweekly paycheck from his regular job on the railroad which he had received on December 15, 1982. Since there was no evidence to show that the undercover purchase of marijuana, which formed a part of the basis for the probable cause to issue the search warrant, was made from Respondent, there is no reason to doubt his explanation. Respondent contended he did not know anything about the marijuana. He has a full-time job with the railroad, a job he has held for 30 years, and had turned the running of his restaurant, which he had purchased for his retirement years, over to his son. His son, who has a record of prior arrests and incarceration for drug abuse, had assured him he would not do anything wrong. Since the search, the son has gotten into some undisclosed additional trouble and has run away. As for the liquor, Respondent contends that he purchased it for the personal consumption of his wife and himself. He bought it in large amounts to get it cheap. However, the half-pint is the favored size of the "Saturday Night" drinker, and, because of the large volume and the diverse nature of the stock, it is clear it was purchased for resale. Respondent is 60 years old and hopes to work for the railroad a few more years before he retires to run his restaurant. In fact, he has to work, he says, to pay off the fines incident to this situation.
Recommendation Based on the foregoing, it is RECOMMENDED: That Respondent's alcoholic beverage license No. 60-2295 be revoked. RECOMMENDED this 2nd day of December, 1983, in Tallahassee, Florida. ARNOLD H. POLLOCK, 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 2nd day of December, 1983. COPIES FURNISHED: John A. Boggs, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Mr. James A. Singleton c/o Harvey's Bar B Que 717 North Tamarind Avenue West Palm Beach, Florida 33401 Mr. Gary R. Rutledge Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Mr. Howard M. Rasmussen Director, Division of Alcoholic Beverages and Tobacco Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
Findings Of Fact From October 1, 1975, up to and including April 14, 1976, the Respondent, Bobbie P. Miles, d/b/a D. J. `s Lounge, held State of Florida Alcoholic Beverage License No. 26-91, Series 2-COP, for operation at a premises of 6644 Arlington Road, Jacksonville, Florida. A copy of this license is found in Composite Exhibit No. 1, admitted into evidence. Sometime in the beginning of April, 1976, Detective Claude Locke with the Jacksonville Sheriff's Office, received information from an informant that a minor female was selling alcoholic beverages in D. J.`s Lounge. This minor female was identified as being 5 foot 7 inches tall with reddish blonde hair. Locke went to D. J.`s Lounge and was served a beer by a woman fitting that description. No other employee in the bar was serving alcoholic beverages while he was there for 45 minutes. Subsequent to his investigation of the bar, Officer Locke contacted the State of Florida, Division of Beverage, about his activities. Officers B. W. Rowe and K. A. Boyd of the Division of Beverage acting on Officer Locke's report went to D. J.`s Lounge on April 14, 1976. The officers took a seat at the bar and a white female who was playing the pinball machine went to the bar and served them alcoholic beverages by serving the beverage and taking the money and returning the change from the purchase. This person who served them had reddish blond hair and was later identified in the course of the hearing as being one Darlene Usury. After Darlene Usury served the beer to the officers she went behind the bar and poured herself a beer and began to drink that beer. Her glass of alcoholic beverage was checked by the officers on the basis of their expertise and found to be an alcoholic beverage, and is offered into evidence as Petitioner's Exhibit 3, admitted. The alcoholic beverage served them was also tasted, based upon their expertise and found to be an alcoholic beverage. There was another woman working at the bar on April 14, 1976. This woman was Donna Moody. Ms. Moody indicated that Usury was not employed in the bar and that she had never checked her identification because the owner of the bar, Bobbie P. Miles, had allowed Darlene Usury to drink on other occasions. Later in the evening of April 14, 1976, the owner and Respondent, Bobbie P. Miles, came to the bar and indicated that he had met Darlene Usury at another establishment which he was operating and had been shown an identification. This identification was a Pennsylvania license issued to Debra Yanni, and this identification showed Darlene R. Usury to be more than 18 years of age on April 14, 1976. The identification card is Petitioner's Exhibit No. 2 admitted into evidence. The identification card does not have a photograph. The identification card was initially shown to Bobbie P. Miles at the Jubille Bar a year or more before April 14, 1976. Darlene R. Usury was in fact 17 years old on April 14, 1976, at the time she served the alcoholic beverages to the beverage officers and consumed an alcoholic beverage. Darlene Usury explained that her action of serving the beer to the beverage officers was an isolated incident and she only did it to help out Donna Moody, the person in charge of the bar on that night. Bobbie P. Miles said that Darlene R. Usury was not employed on that night or on any other night. Although Darlene R. Usury had served the alcoholic beverages to Officers Rowe and Boyd, Donna Moody was also working behind the bar at that time. Officer Locke was unable to identify Darlene R. Usury as the woman who had served him alcoholic beverages on the prior occasion in April, 1976.
Recommendation It is RECOMMENDED that the licensee, Bobbie P. Miles, be fined in the amount of $150.00 for the violation as established by the Administrative Complaint. DONE and ENTERED this 1st day of August, 1976, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Charles F. Tunnicliff, Esquire Division of Beverage 725 Bronough Street The Johns Building Tallahassee, Florida 32304 Bobbie P. Miles pro se 6644 Arlington Road Jacksonville, Florida
The Issue The issue for consideration in this hearing is whether Respondent's beverage license, Series 14BC, No. 39-03729, should be disciplined because of the matters outlined in the Notice to Show Cause filed herein.
Findings Of Fact At all times pertinent to the issues herein, the Division was the state agency responsible for the licensing of establishments for the dispensing and sale of alcoholic beverages and enforcement of the beverage laws of the State of Florida. McKown's, Inc., a corporation whose sole stockholders are Duncan and Gloria McKown, holds 14ABC license number 39-03729, located at The Cabin, an establishment situated at 8205 North Dale Mabry Highway in Tampa. This license is a license to operate a bottle club on the premises, and allows patrons to bring their own bottles into the club to drink from. Patrons may either bring their bottle each time they come, or they may leave it at the club to be used each time they visit. Patrons must drink from their own bottle or as the guest of another bottle holder, but cannot buy alcoholic drinks from the licensed establishment. The establishment may sell only ice, setups and food - no alcohol. Mr. McKown is Secretary-Treasurer of McKown's, Inc., the licensee in issue here. He has been in the restaurant and service business since 1937. He opened a large restaurant and lounge in Dunedin, Florida in the early 1960's, and opened The Cabin approximately fifteen years ago with a county bottle club license. When state licensure became required, approximately three years ago, he secured one of those as well. Mr. McKown claims he was open every day from 2 to 7 AM. His clientele was mostly made up of people in the service industry - people who work at night and get off early in the morning. These are people such as waitresses, cooks, restaurant and bar managers. Many of his patrons work at or manage high quality restaurants, and the interior of The Cabin is decorated with T-shirts from many of them. He believes that as a general rule, his clientele is of good quality and is law abiding. The Cabin is made up of one building and a patio. It has one front door, which is manned by a security guard, and there is a sign posted on the inside of the front door which indicates the facility is a private club, non- members of which must pay a service charge. Though it once was private, it is now open to anyone of legal age. If the door is closed, an individual approaching from the outside can not see the sign. Security is designed to keep out minors and to insure that persons admitted have a bottle with them or already inside. The two Messrs. Bailey are the security guards. They wear uniforms similar to those worn by law enforcement people and carry firearms. McKown claims this i s because a firearm was discharged on the premises some time ago and the guards' firearms and uniforms tend to dissuade drunks. Many companies have bottles for their employees. It is Mr. McKown's policy, which he believes is consistent with state law, that two or more people can come into a bottle club and drink from one bottle. It is also a practice of his to allow people to leave their bottles on the premises for future use. Many of his customers are repeat customers who are recognized by security and other employees. If the patron is known to the security guard, he or she might not be checked. Each entrance requires the payment of a $7.00 service fee which authorizes the patron two setup chips. When the patron comes in with a bottle, the cashier puts the patron's name on it using a role of waterproof tape on which is marked the name in color-coded pen, depending on what month it is. Bottles are discarded after three months, whether empty or not. Once a bottle is brought in and given to the bartender, it is kept on the service island behind the bar. At one time, the licensee maintained a membership list. The practice was abandoned when it was decided to seek patrons from the service industry. The inside of the bar is lighted but dark. Music is provided by a jukebox which plays continuously. If patrons do not put money in, the machine comes on automatically after twelve minutes, and the volume is loud, though Akins did not think so. There are speakers both at the jukebox and in the ceiling. The men's room has one stall and two urinals. Mr. McKown removed the door to the stall to keep illegal activity, such as drug sales or homosexual activity, from going on inside. By removing the door, he can readily check to determine that nothing improper is going on inside the stall. The ladies' room has two stalls with cafe doors. He put that type of door in at the same time he removed the men's stall door for the same reason. Both restrooms are to be checked periodically by the manager, by Mr. McKown or the cashiers, as available. The Cabin is busier on weekends than during the week and the staff is adjusted accordingly. On the weekends, there are two cashiers as opposed to one during the week. By the same token, on the weekend, three bartenders are on duty as opposed to two during the week. A maintenance man is also employed. At all times pertinent to the issues herein, Special Agent Jennifer Akins was a special agent with the Division and had been since December, 1989. She was a certified law enforcement officer and, prior to May, 1994, had been involved in between fifteen and twenty undercover operations, of which at least ten involved narcotics. She was trained in the identification of narcotics and street level narcotics activities by the Drug Enforcement Agency, and has taken other professional courses in the subject. Prior to the institution of this undercover operation, Akins had been in The Cabin four or five times. S/A Murray is also an experienced agent with twenty-five to thirty undercover investigations to her credit. At least half involved narcotics. She, too, had been at The Cabin prior to the onset of this investigation. On January 12, 1994 Akins went to The Cabin where she was stopped outside the door by the security guard, Mr. Bailey. He advised her it was a bottle club and inquired if she had a bottle. When she said she had, he also told her that her name would be placed on it and it would be kept behind the bar and drunk from when she was there. She gave over the bottle of rum she had brought. She was not required to fill out an application form nor to pay a membership fee. Akins went back to The Cabin with S/A Murray at approximately 5:15 AM on May 10, 1994. They were met at the door by Mr. Bailey and paid a $7.00 per person cover charge to Mr. Sparks, an employee, who was stationed inside the door. This cover charge entitled them to two drink chips which they would exchange for setups. Additional chips could be bought at $3.50 each. Once inside, they gave their bottle of rum to Mr. Sparks who, after placing a piece of tape with Murray's name on it on the bottle, gave it to the bartender. Akins asked where the bottle of rum was she had brought in on January 12, 1994, and was told it was gone. Bottles are disposed of after ninety days if not consumed first. Consequently, the only bottle the agents had on May 10, 1994 was the bottle they brought that visit. That night, Akins and Murray sat at the bar and were served one or two drinks each from the bottle they had brought in. Later on that evening, Akins was served a drink made with vodka by Mr. Strauss, a bartender. Akins saw Strauss make the drink and knows he did not use the bottle they brought in. Besides, when she tasted it, she recognized it was vodka, not rum. She paid for the drink with one of the chips she got upon entering. She drank only a small part of the drink in order to comply with Division policy that undercover agents will not drink enough to become impaired. Akins and Murray left The Cabin about 6:50 AM without taking the rum bottle they had brought, but while there, Akins observed a white male she recognized as Victor near the women's restroom talking with a white couple. Victor received money from the male in the couple, counted it, and gave the man something in return. This procedure is consistent with what she had observed in other drug transactions. Later on that evening, she again saw Victor near the men's restroom. Victor approached a black male who, after entering and exiting the restroom, handed Victor a small package and received something in return. While this was going on, both were furtively looking around. Akins didn't see what was transferred. Even later, Akins saw Victor exchange something with a black male near the front door. Again, she could not see what it was. S/A Murray also observed this activity and it appeared to be drug activity to her as well. Akins and Murray went back to The Cabin about 5:00 AM on May 11, 1994. As they approached the door they were met by two employees who let them in, and they paid a white female cashier upon entry. On this occasion they did not have a bottle with them. When asked, they said they had a bottle there from the previous visit and were allowed in. Akins ordered two or three drinks from Mr. Sparks, who was behind the bar that evening. The first drink she had was rum, but she does not know from which bottle it was poured. She later ordered a vodka drink which Sparks poured without asking if she had a vodka bottle there. She paid for the vodka with a chip. Later that evening, Mr. Leal, also an employee of The Cabin, offered her a drink. He had called out that the police were outside and that everyone had to stay inside. He sweetened the call by saying he would buy a drink for everyone. At this time, Akins asked for a Zambuca, which they did not have, and they gave her Amaretto instead. Though she saw Mr. Sparks make the drink, she could not tell if there was a name on the bottle or not. Leal offered Murray a drink as well. All this time, Mr. McKown, whom she knew, was present in the facility, going in and out from the back office talking to people. He had done this the previous night as well. Akins left the premises at 7:00 AM and returned again at 5:00 AM the following day, May 12, 1994, accompanied by S/A Murray. They did not bring a bottle this time because they had not taken their bottle with them the previous night. They went through the usual routine of passing the guard, who asked what bottle they would be drinking from. When they said they had one inside, the guard went to check and thereafter allowed them. After paying the cover charge, they were admitted. Inside, Akins saw two black males and a white male exchanging something outside the men's restroom. They were looking around and speaking quietly, and she did not see what was exchanged. That evening, she spoke with the Bartender, Lee, and with Mr. McKown. She also spoke with a patron, Mr. LaRuso, who approached her and commented that she was either a cop or seeking cocaine. In response, she said she wasn't a cop. The two agents both ordered rum from the bartender who poured the drinks from a bottle with their name on it. The rum ran out while the drinks were being poured, so the bartender finished pouring from another bottle which was not theirs. Mr. McKown was in and out of the back office all during this period and would stop and talk with patrons. He appeared quite normal and was not drinking at the time. They returned on May 17, 1994 at 5:20 AM. Mr. Bailey was the security guard who admitted them. On this occasion they had a bottle of rum with them and paid the cover charge. Their bottle was marked by the bartender and Akins ordered a drink from him which was made from their bottle. Later on she also ordered and was served a vodka drink by the bartender who did not inquire from whose bottle he should pour it. S/A Murray was also served a vodka. Akins paid for the vodka drink with a chip even though neither she nor Murray had ever brought a bottle of vodka to the establishment. That evening, she spoke with Mr. Sparks, Mr. Mille and Mr. McKown. Sparks and Mille were both employees. Sparks said he had been divorced because he used too much cocaine. Mille said he had been arrested for cocaine. These discussions took place at the bar or at the cashier stand and were carried on in a normal tone of voice. The agents went back to The Cabin on May 24, 1994 at 4:45 AM with a confidential informant, (CI). They were met at the door by a white male who allowed them to enter. When they did, they paid the cover charge to Mr. Sparks. They brought a bottle of scotch with them even though they had previously brought in at least two bottles of rum. At that point, Akins did not know if the last rum bottle they had brought on May 17, 1994 was still there, so they brought the scotch to be sure they would be admitted. The bottle of scotch was marked and placed behind the bar by Mr. Sparks. Mr. Strauss and a white female were tending bar. Akins approached Strauss who asked if she wanted what she had just brought in or rum instead. When she replied she preferred rum, Strauss went to look for some in the back. When he came back, he said he could find none, but would give her vodka instead. Akins agreed and Strauss made a vodka drink for her. It was, in fact, vodka, and she paid for it. She also had another vodka drink that evening, made for her by Mr. Strauss, who did not use any of the bottles the agents had brought in. Agent Akins, in a conversation with Mr. Sparks that evening, asked him if he had any more cocaine like that which she had purchased on May 17, 1994. This conversation took place near the juke box which was playing, but not loudly. Their conversation was in a normal tone. Strauss walked away after her question and she went up to the cashier's booth and was talking with some people when Sparks returned. He handed her a small package in front of Mr. Bailey and Agent Murray. It consisted of a small cellophane wrapper containing a white powder for which Sparks would not take any money. Akins put the package in her pocket and it was later analyzed at the Florida Department of Law Enforcement, (FDLE), laboratory and determined to be cocaine. After that purchase was made by Akins, the CI purchased a substance from a lady known as Michelle, who Akins described as an employee of The Cabin. Mr. McKown denies this, however, and it is found that she was not an employee. Prior to the purchase, the CI had informed the agents he thought he could make a purchase and Agent Murray searched him before he approached Michelle. Determining he had no cocaine on his person, he was released to make the buy, which he did, on the premises. Michelle gave him a package of a substance, later determined to be cocaine, for which he paid with $30.00 given him previously by Murray. He then delivered the substance to Murray who in turn gave it to Akins for evaluation. It was later tested and determined to be cocaine. That same evening, Akins also saw three white males in a corner of the bar making what she considered a suspicious transaction. They were looking around and acting furtively. There was a big crowd in the bar that evening - at least 35 people. The lighting was good and Akins had no problem seeing. Mr. McKown was also in and out that evening. The two agents returned to the Cabin on June 27, 1994 at about 3:50 AM. When they arrived, they were met at the door by the security guard who asked them who they were, where they worked, and other similar questions. Akins got the impression that he did not want to let them in even though she had indicated that they had a bottle of scotch inside. While this was going on, Mr. Sparks came out and vouched for them and they were admitted. After paying the cover charge, Akins ordered a scotch. The drink was poured from her bottle by the bartender, Ms. Hart, but she noticed at the time that the bottle was almost empty even though she and Agent Murray had had few drinks from it. Akins paid for the drink with one of her chips. Because Akins did not drink the scotch, she was offered another drink by Ms. Hart and asked for a rum drink. The bottles of rum which she and Murray had brought in on May 10 and 17, 1994, had previously been used up, and she noted that there was no ownership label on the bottle from which her drink, and that for Murray, were poured. In any event, they paid for the drinks and when they tasted them, determined they were made from rum. That same morning, Akins saw a black male enter the bar without paying the cover charge. He bypassed the cashier and went toward the restrooms where he was approached by Mr. Strauss, to whom he passed something and got something in return. At this point, Akins was approximately 12 feet away, and though she could not see what was actually passed, she saw Strauss put what he had received into his pocket. Strauss then went back to the bar and the black male left. Shortly thereafter, Mr. McKown entered the bar. He seemed normal and walked around, talking with his customers. Akins left soon thereafter without taking her bottle of scotch. On July 27, 1994, Akins and Murray arrived at The Cabin at approximately 3:30 AM and were admitted by Mr. Bailey. This time they brought a bottle of rum. The scotch, which they had brought previously, was gone even though neither agent had had more than one or two drinks out of it. At this time, a female bartender asked her what she wanted and Akins ordered a peppermint schnapps. Without any questions regarding whose bottle it should be poured from, the bartender poured the requested drink from a bottle which bore a name that Akins could not see. It was not hers, however. She tasted the drink and found it was, in fact, peppermint schnapps. That same evening, Akins and Murray were approached at the bar by a white female, Ronnie, who asked them to split an 8-ball of cocaine. An 8-ball is one eighth of an ounce. No effort was made by Ronnie to hide her solicitation. In response, Akins said she didn't have any cocaine with her, but if Ronnie could find some, she, Akins, would go in with her. With that, Ronnie spoke with several customers but did not come back that evening. Mr. McKown was present but was not a participant in the conversation. When Akins left the bar that morning, she did not take the bottle of rum she brought in with her. The agents went back to The Cabin on August 9, 1994, at approximately 3:05 AM, and met three men, Beltran, Ramos and Encena, in the parking lot. As the five approached the door, they were met by Bailey and Sparks and were admitted, even though they did not have any alcohol with them. Once inside, Akins ordered from Ms. Hart a tequila drink which was poured from a bottle with no name on it. She had first asked for rum, but all that was available was spiced rum. When she tasted the drink, she found that it was tequila. Later on, she ordered a Kamikaze, which contained vodka, from Ms. Hart. Hart did not ask her whose bottle she should pour it from but poured from a bottle with no name tag on it. The drink was vodka. She paid for both drinks she ordered that evening with chips purchased at the door. During the morning, Akins spoke with Mr. Beltran, one of the men she had come in with, who was a patron at the bar. While they were still outside, however, before entering, Beltran had asked the two agents if they used cocaine. When they replied that they did, he said he would have to go inside to get it. When Akins later spoke with him at the bar, he told her to get her friend and that he had obtained the cocaine. Beltran and Ramos had the two agents follow them outside and to Beltran's car where the substance, later tested and identified as cocaine, was produced by Beltran and Ramos and given to the two agents. After Ramos ingested some of the substance, they went back inside and Akins put the substance she had received into her purse for later testing. After the parties went back inside to the bar, the men were ejected because they annoyed Ms. Hart. Mr. McKown was there at the time. After the men were ejected, Akins and Murray had a discussion with a patron named Guinta who said Akins had white stuff under her nose. Akins wiped her nose and denied the allegation. Guinta then asked Murray and Akins if they had any cocaine. Akins said she did not but would see if she could get some. She spoke with Mr. Sparks who said he had none available. All this was in a regular tone of voice, and all during this conversation, Mr. McKown was within three to five feet of them. Later on, there was a quite loud conversation between Guinta and another individual about cocaine. Afterwards, the parties went outside to Murray's car where Guinta gave them a substance later tested and identified as cocaine. Both agents went back to The Cabin on August 16, 1994 at approximately 3:30 AM. On this visit they had no alcohol with them. Mr. Bailey was on duty as the security guard and Strauss and Hart were the bartenders. Akins ordered a vodka Kamikaze from Hart. Later on, Hart asked her if she wanted another drink. When Akins agreed, Hart offered to make it with tequila instead of vodka. She made the drink from a bottle not marked with an owner's name, and when Akins tasted the drink, she found it was tequila. Murray also had two rum drinks which were poured from a bottle with no name on it. Akins spoke with Charles Bailey that evening at the bar. She asked him for some cocaine, and he said he could give her a "bump", (a small amount of cocaine), but could not sell her any. Akins and Murray went back to The Cabin on August 26, 1994. On that occasion, again, they had no alcohol with them. The bottle of scotch and the rum they had brought on two separate prior occasions was gone. They met three other patrons outside. Mr. Bailey, the security guard, let them in and after paying the cover charge, Akins spoke with Mr. Mille and thanked him for the cocaine she had received previously from Mr. Guinta. At first Mille seemed confused, but when she explained, he seemed to understand, but denied he had any more available. Akins had several drinks that evening. The first was made with tequila which she got from Ms. Hart. Neither Akins nor Murray had ever brought tequila to the bar. The tag on the bottle said "Killian's", but Akins did not know anyone by that name or where the bottle came from. Nonetheless, she paid for the drink, tasted it, and determined it was tequila. She also had a drink made with Amaretto that evening which she bought from Mr. Strauss. In this case, also, she was served a drink made with a beverage she had not brought in. Murray was served a rum drink from a bottle marked "hooters". She did not work for or know anybody from Hooters. Apparently, that same evening, Akins was looking quite tired as she sat at the bar. She was approached by Julio Pabone who said he could get her something that would wake her up. He then spoke with Mr. Leal, after which he came back to Akins and asked for money. She gave him $20.00 to add to what he already had, and he returned to Leal, gave him the money, and received a baggy with white powder in it in return. Returning to Akins, Pabone gave the baggy to her. The substance in the bag was later tested and identified as cocaine. Leal is an employee of the licensee. That same evening, Murray saw two women in the restroom use what appeared to her to be cocaine near the sink. On September 9, 1994, the agents again went to The Cabin and were admitted by Charles Bailey. After paying the cover charge, and while sitting at the bar, Akins saw a patron identified as Manuel pull out a wrapper containing a white substance and give it to another male who gave him money in return for it. At the time of this transaction, Mr. McKown was standing approximately five feet away. Later on, a male identified as Julio approached Akins and said he needed $30.00 for cocaine. She gave him the money and he went into the men's room followed by Leal and another individual. When Julio came out, he gave Akins a package with white powder in it which was subsequently tested and identified as cocaine. Mr. McKown was present in the bar at the time, but Akins cannot say whether he observed this transaction. On the evening of September 30, 1994, Sergeant Woodrow A. Ray, a longtime employee of the Division, was the supervisor of the raid conducted at The Cabin. When he arrived, he entered the establishment to insure that all other agents were in place. Sometime thereafter, Agent Miller, also a long time employee of the Division, arrived to serve an Emergency Order of Suspension on the licensee. Miller contacted Mr. McKown, read the Search Warrant and the Emergency Order of Suspension to him, and advised him of his rights against self-incrimination. While this was being done, Mr. McKown expressed surprise regarding the narcotics allegations but admitted he may have sold some alcohol. He stated this four times in different ways. He stated, "We may have sold some alcohol but no drugs"; "Maybe my people sold liquor, but I don't know about drugs"; "We sell a few drinks to help the guys, but no drugs"; and "If drugs were sold, I never knew it - maybe drinks but no drugs." Agent Miller helped with the ensuing search, in the course of which he went into the office to seize the license. He also searched the adjoining storage area in which he discovered a black bag. He asked McKown if the bag was his, which McKown denied. McKown indicated that only himself, Mr. Leal, and Charles Bailey had access to this room. Miller then went to get Bailey, who had been detained on the patio, advised him of his rights, and asked if the bag was his. Bailey acknowledged it was. Miller took Bailey back inside where he placed him in a chair under guard. Miller had Bailey identify the bag and when he did, Miller asked if there was anything in it he should know about. Bailey thereafter gave his permission to search the bag. Before the bag was opened, however, Miller had it taken outside to be sniffed by the narcotics detection dog on the scene who alerted on it. Miller then opened the bag, and inside, in an ammunition box, found drug paraphernalia and approximately 98.6 grams of a white powder which was subsequently tested and identified as cocaine. On or about February 4, 1993, Gene Leal, who was the manager of The Cabin, cashed a check there for Julio Pabone in the amount of $120.00 which was subsequently dishonored. When contacted about this, Pabone agreed to pay off the check in periodic cash payments, and in fact, did so, making a payment of $20.00 on August 26, 1994. The payment which Leal received on that date was not for cocaine but in repayment of a portion of the dishonored check. Company policy regarding illegal drugs is simple. If seen going on, the activity is to be stopped and the individual expelled from the facility forever. Mr. McKown recalls this as having happened at least six times in the year prior to closing. He claims he has no use for drugs and never has. He has a "no tolerance" policy for any drug activity he knew about, and his employees knew that. This policy is not in writing, however. Mr. McKown has not had any of his employees trained in drug identification, and even though he is aware of the state's responsible vendor program, neither he nor any of his employees have participated in it. Mr. Leal has worked for The Cabin for approximately eight years, as has Mr. Sparks. Both were instructed regarding the company's drug policy. Most of The Cabin employees have been on staff for between eight and fifteen years. Mr. McKown claims he would have periodic meetings with employees to inform them of his policy and to solicit reports of illegal activity. In addition to these instructions, employees are furnished with trespass warning slips which are to be issued when patrons are expelled for drug use. Two of these were introduced into evidence. Byron L. Bailey, one of the security guards, confirms this. Though usually stationed at the front door, he would make between four and five checks per night of the restrooms to be sure they were not being used for drug activity or for drinking. He did not, however, look to see what was going on in the lounge. Kathryn Katz, also formerly an employee of The Cabin, was instructed in the company's policy when hired. Not only was the use or transfer of drugs prohibited but so was the sale of alcohol. She was told that only those individuals who had a bottle with them or already inside could be admitted. It is possible that some people lied about this, but she had to take their word. If they said they had a bottle inside, she would admit them. She also checked the ladies' restroom periodically. The Cabin welcomes law enforcement officers as patrons. When deputies from the sheriff's office periodically come out and park in the lot of the neighboring Steak and Ale, they are always welcome. Approximately a year prior to the hearing, Mr. McKown was reportedly told that a van was in his lot from which drugs were being sold. He claims he called 911 and an arrest was made. However, over the fifteen years he's operated The Cabin, Mr. McKown claims there has never been an arrest made inside the club. Concerning the "admissions" he made to Agent Miller at the time of the service of the warrant and the Order of Suspension, Mr. McKown was reading a copy of the affidavit as Miller was reading it to him. As he read it, he was shocked to discover that his own people, whom he felt were family, were doing such things. He admits that perhaps his employees made a mistake in selling drinks. He does not condone it and he definitely does not condone any sales of illegal drugs. His admissions were not meant to specific dates or incidents but were rhetorical more than actual. He admitted his employees had the opportunity to sell unlawful drinks. He does not believe, in his heart, however, that they made any drug sales. He is wrong. No bottles of alcohol were seized by law enforcement officials at the time of the raid. Approximately two weeks after the closing, Mr. McKown conducted an inventory of the bottles on the premises. At that time, there were approximately one hundred fifty bottles, all of which, he insists, had patrons' names on them. Of that number, thirty to forty were establishment bottles. The balance were owned by individuals. Several prominent restaurant owners and managers who patronize The Cabin have known Mr. McKown for several years. None has ever observed any illegal drug activity inside the establishment and had they done so, would have left and not returned. Mr. Caballero, a former Tampa City Councilman, has patronized The Cabin since it was opened. Because of his public position, he was very sensitive to any possibility of illegal activity in his presence, and though he would be at the club once or twice a month, never saw any such conduct. All of these individuals claim to be friends of Mr. McKown. Dr. Poritz and Mr. Queen, a chiropractor and private investigator, respectively, have also patronized The Cabin periodically for several years. Neither has ever seen any illegal activity in there. Mr. Queen, while a member of the Tampa Police Department's Narcotics Division, would patronize the establishment periodically and was always comfortable there. Had he seen any illegal activity on the premises, he would taken appropriate action as a law enforcement officer and would have reported what he saw. A previous Administrative Complaint was filed against the Respondent in 1993 for violation of liquor sales laws. At that time, the Respondent and the Division entered into a Consent Agreement which called for Respondent to pay a civil penalty of $500.00 plus investigative costs of $14.50, and to provide a letter of corrective action. This letter, dated July 31, 1993, and signed by Mr. McKown and several of his employees, such as Mr. Bailey, Mr. Leal, Mr. Strauss and Ms. Hart, all of whom are referenced in the instant action, indicated the signatories had come up with a good system "to keep people without a bottle from coming in" which should "tighten it up and not break down as it did." From the evidence presented, it appears they were wrong and that their system did not work.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that Respondent's alcoholic beverage license No. 39-3729, Series 14BC, be revoked. RECOMMENDED this 31st day of May, 1995, in Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of May, 1995. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 94-5882 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. FOR THE PETITIONER: - 4. Accepted and incorporated herein. Accepted and incorporated herein, except that the evidence indicates the January 12, 1994 visit occurred prior to the commencement of the instant investigation. Accepted and incorporated herein. - 9. Accepted and in substance incorporated herein. 10. & 11. Accepted and in substance incorporated herein. 12. - 14. Accepted and in substance incorporated herein. 15. & 16. Accepted and in substance incorporated herein. 17. - 21. Accepted and in substance incorporated herein. 22. - 24. Accepted and in substance incorporated herein. 25. & 26. Accepted and in substance incorporated herein. 27. - 29. Accepted and in substance incorporated herein. 30. & 31. Accepted and in substance incorporated herein. 32. - 34. Accepted and in substance incorporated herein. - 37. Accepted and in substance incorporated herein. Accepted and incorporated herein. & 40. Accepted and incorporated herein. Accepted but not probative of any material issue. Accepted and incorporated herein. Accepted and incorporated herein. & 45. Accepted and incorporated herein. 46. & 47. Accepted. FOR THE RESPONDENT: None submitted. COPIES FURNISHED: Richard D. Courtemanche, Jr., Esquire Department of Business and Professional Regulation Division of Alcoholic Beverages and Tobacco 1940 North Monroe Street Tallahassee, Florida 32399-1007 J. Thomas Wright, Esquire Suite A 2506 Tampa Bay Boulevard Tampa, Florida 33607 Linda Goodgame General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 John J. Harris Director Division of Alcoholic Beverages and Tobacco 1940 North Monroe Street Tallahassee, Florida 32399-1007
The Issue Whether the Petitioners are entitled to a transfer of the quota license they attempted to apply for in their initial application. Whether the Petitioners are entitled to an alcoholic beverage license for a restaurant based upon their second application. Whether the Petitioners are entitled to an alcoholic beverage license based upon their third application in spite of the county's refusal to approve the zoning of the proposed location until a pending declaratory judgment before the circuit court is resolved. Whether the Respondent is estopped to deny any of the applications because of the representations made by a field agent for the agency that to his knowledge, there were no problems at the proposed location.
Findings Of Fact The joint stipulation of facts entered into by the parties on December 21, 1988, are adopted as the findings of fact in this proceeding. A copy of the stipulation is attached and made part of this Recommended Order.
