The Issue Whether Respondent, Eve Management, Inc./KA and KM Development, Inc., denied Petitioners full and equal enjoyment of the goods and services offered at its place of public accommodation, in violation of sections 509.092 and 760.08, Florida Statutes (2011).1/
Findings Of Fact Parties and Jurisdiction Petitioners are African Americans who reside in the State of Ohio, who visited Orlando, Florida, in June 2011 and stayed at Lake Eve Resort beginning on June 21, 2011. Respondent, Eve Management, Inc./KA and KM Development, Inc., was the owner of Lake Eve Resort, located at 12388 International Drive, Orlando, Florida, at all times relevant hereto. Each Petitioner filed a Complaint of Discrimination with the Commission as follows: Jessica Austin – July 20, 2012 Denise Austin – July 21, 2012 Tracie Austin – January 18, 2013 (Amended Complaint)2/ Bonlydia Jones – July 11, 2012 James Austin – July 31, 2012 Dionne Harrington – August 1, 2012 Esther Hall – January 28, 2013 (Amended Complaint)3/ Boniris McNeal – March 27, 2013 Summer McNeal – March 27, 2013 Derek McNeal – March 27, 2013 In each Complaint, the Petitioner alleges that the most recent date of discrimination is June 22, 2011. On June 21, 2012, Petitioners Esther Hall, Summer McNeal, Boniris McNeal, Derek McNeal, and Dionne Harrington, each filed a Technical Assistance Questionnaire (TAQ) with the Commission. Each TAQ is signed by the named Petitioner, is stamped received by the Commission on June 21, 2012, and contains the specific facts alleged to be an act of discrimination in the provision of public accommodation by Respondent. Allegations of Discrimination On or about May 23, 2011, Petitioner, Boniris McNeal, entered into a Standard Group Contract with Lake Eve Resort (the Resort) to reserve 15 Resort rooms for five nights at a discounted group rate beginning June 21, 2011.4/ The rooms were to accommodate approximately 55 members of her extended family on the occasion of the Boss/Williams/Harris family reunion. Petitioners traveled from Ohio to Orlando via charter bus, arriving at the Resort on the evening of June 21, 2011. Erika Bell, a relative of Petitioners, drove a rental car from Ohio to Orlando. She did not arrive in Orlando until June 22, 2011. Petitioners checked in to the Resort without incident. However, one family member, John Harris, was informed that the three-bedroom suite he had reserved for his family was not available due to a mistake in reservations. He was offered two two-bedroom suites to accommodate his family. Petitioner, Boniris McNeal, dined off-property on the evening of June 21, 2011, to celebrate her wedding anniversary. Petitioner, Bonlydia Jones, left the Resort property shortly after check-in to shop for groceries. Petitioners, Dionne Harrington and Esther Hall, were very tired after the long bus trip and went to bed early on June 21, 2011. Petitioner, Denise Austin, arrived in Orlando with the family on June 21, 2011. On the morning of June 22, 2011, Ms. Jones received a call from Mr. Harris, informing her that the Resort management wanted to speak with them about his room. That morning, Ms. Jones and Mr. Harris met with two members of Resort management, Amanda Simon and Marie Silbe. Mr. Harris was informed that he needed to change rooms to a three-bedroom suite, the accommodation he had reserved, which had become available. Mr. Harris disputed that he had to change rooms and argued that he was told at check-in the prior evening he would not have to move from the two two-bedroom suites he was offered when his preferred three-bedroom suite was not available. After some discussion, it was agreed that Mr. Harris would move his family to an available three-bedroom suite. The Resort provided an employee to assist with the move. Following the meeting with management, Ms. Jones went to the pool, along with Ms. Harrington and other members of the family. After a period of time which was not established at hearing, Mary Hall, one of Ms. Harrington’s relatives, came to the pool and informed Ms. Harrington that the family was being evicted from the Resort. Ms. Harrington left the pool and entered the lobby, where she observed police officers and members of Resort management. She approached a member of management and was informed that she and her family were being evicted from the Resort and must be off the property within an hour. Ms. Harrington left the lobby and returned to her room, where her mother, Ms. Hall was sleeping. Ms. Harrington informed Ms. Hall that the family was being evicted from the Resort and instructed Ms. Hall to pack her belongings. Ms. Jones’ cousin, Denise Strickland, came to the pool and informed her that the family was being evicted from the Resort. Ms. Jones entered the lobby where she was approached by a member of management, who introduced herself as the general manager and informed her that the family was being evicted. Ms. Jones requested a reason, but was informed by a police officer that the owners did not have to give a reason. In the lobby, Ms. Jones observed that an African- American male was stopped by police and asked whether he was with the Boss/Williams/Harris reunion. He was not a family member. Ms. Jones observed that no Caucasian guests were approached in the lobby by management or the police. Ms. Austin was on a trolley to lunch off-property on June 22, 2011, when she received a call from her cousin, Ms. Strickland. Ms. Strickland informed Ms. Austin that the family was being evicted from the Resort and she needed to return to pack her things. Ms. Austin returned to the property, where she was escorted to her room by a security guard and asked to pack her belongings. Ms. McNeal was en route to rent a car and buy groceries on June 22, 2011, when she received a call from Ms. Strickland informing her that the family was being evicted and that she needed to return to the Resort to pack her belongings. Upon her arrival at the Resort, Ms. McNeal entered the lobby. There, she was approached by Resort staff, asked whether she was with the Boss/Williams/Harris reunion, and informed that the Resort could not honor the reservations and the family was being evicted. Ms. McNeal observed that Caucasian guests entering the lobby were not approached by either the police or Resort management. Ms. McNeal was escorted to her room by both a police officer and a member of management and instructed to be out of the room within 30 minutes. Ms. McNeal inquired why they were being evicted, but was told by a police officer that the Resort was not required to give a reason. Erika Bell received a call from her mother, Ms. Austin, while en route to the Resort on June 22, 2011. Ms. Austin informed Ms. Bell that the family was being evicted from the Resort and asked her to call the Resort and cancel her reservation. Respondent gave no reason for evicting Petitioners from the property. Respondent refunded Petitioners’ money.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order: Finding that Respondent, Eve Management, Inc./KA and KM Development, Inc., committed an act of public accommodation discrimination in violation of sections 509.092 and 760.08, Florida Statutes (2011), against Petitioners Jessica Austin, Denise Austin, Tracie Austin, James Austin, Bonlydia Jones, Esther Hall, Boniris McNeal, Derek McNeal, Summer McNeal, and Dionne Harrington; and Prohibiting any future acts of discrimination by Respondent. DONE AND ENTERED this 28th day of May, 2014, in Tallahassee, Leon County, Florida. S SUZANNE VAN WYK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 28th day of May, 2014.
The Issue The issues in these cases are whether Respondent is guilty of serving alcoholic beverages to minors and, if so, what penalty is appropriate.
Findings Of Fact Respondent holds license number 58-01997, series 2-COP, for the retail sale of alcoholic beverages. The licensed premises were located at 536 West Church Street, Orlando, Florida. Respondent abandoned the premises at the end of August, 1989. The bar owned and operated by Respondent is no longer in operation, and the license is no longer active. On at least three occasions prior to the incident in question, one or more representatives of Petitioner had warned Lester Thomas, the sole shareholder and officer of Respondent, that he or his company's employees were serving alcoholic beverages to underage persons. On one of these occasions, Mr. Thomas complained, "Every time you come around here, there are problems. You catch me." At about 11:15 p.m. on August 5, 1989, two representatives of Petitioner entered the Negril Cove bar and observed Mary Ann Carmody, age 16 years, consuming an alcoholic beverage that a companion had purchased from Respondent. At all material times on that evening, Mr. Thomas himself was tending the bar at Negril Cove. At no time was Ms. Carmody asked for any identification. Under the circumstances, Mr. Thomas permitted Ms. Carmody to consume the alcoholic beverage on the premises.
Recommendation Based on the foregoing, it is hereby recommended that the Division of Alcoholic Beverages and Tobacco enter a Final Order revoking the license of Respondent. RECOMMENDED this 23rd day of April, 1990, in Tallahassee, Florida. ROBERT E. MEALE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of April, 1990. COPIES FURNISHED: Leonard Ivey, Director Division of Alcoholic Beverages and Tobacco Department of Business Regulation The Johns Building 725 South Bronough Street Tallahassee, FL 32399-1000 Stephen R. MacNamara, Secretary Department of Business Regulation The Johns Building 725 South Bronough Street Tallahassee, FL 32399-1000 Joseph A. Sole, General Counsel Department of Business Regulation The Johns Building 725 South Bronough Street Tallahassee, FL 32399-1000 Thomas A. Klein Assistant General Counsel Department of Business Regulation The Johns Building 725 South Bronough Street Tallahassee, FL 32399-1000 Jerry S. Luxenburg 1214 East Robinson Street Orlando, FL 32801
Findings Of Fact On August 1, 1979, Deputy Alvin Pollock of the Broward County Sheriff's Department went to the Black Cat Lounge with an informant who had furnished information previously that had led to the arrest of six individuals. Before leaving for the Black Cat Lounge, Deputy Pollock searched the informant and determined that he had no money or contraband on his person. Deputy Pollock then gave him some money. At the Black Cat Lounge, Deputy Pollock waited outside in the car while the informant went inside. After the informant returned, Deputy Pollock drove him to another location and searched him. He found no money but did find a foil packet containing heroin. Deputy Pollock subsequently executed an affidavit and applied for a search warrant which was issued on August 10, 1979. Petitioner's exhibit No. 1. On the night of August 10, 1979, Deputy Pollock., Sgt. Robert Dietrich of the Fort Lauderdale Police Department, Deputy Dennis Robert Gavalier of the Broward County Sheriff's Department, petitioner's Sgt. Russell R. Smith, Beverage Officer David William Shomers and more than a half dozen other law enforcement officers assembled at the Black Cat Lounge. Deputy Pollock gave the same informant who had accompanied him on August 1, 1979, a marked ten dollar bill with which to effect a second "controlled buy." After the informant had completed this mission, the law enforcement officers prepared to enter the bar. Deputy Pollock called out, "Deputy Sheriff. I have a search warrant for the promises. Everybody freeze." He then led a group of law enforcement officers through one door of the Black Cat Lounge while another group entered through another door. Respondent Richard Morgan was thrown to the floor and his hands were handcuffed behind him. "For safety reasons," more than ten patrons on the premises received similar treatment. On top of a ledge formed by a false ceiling over two bathrooms inside the Black Cat Lounge, law enforcement officers found a light brown purse, a dark brown purse, and a black pouch with the word "Kawasaki" printed on it. Inside the pouch were nine manila envelopes containing marijuana. Inside the light brown purse were thirteen foil packets containing heroin. Inside the dark brown purse were twenty-eight foil packets containing cocaine. Petitioner's Sgt. Russell R. Smith discovered a single marijuana cigarette on the floor near the west wall of the establishment. The cigarette was unlighted and unburnt. Detective Sgt. Robert Dietrich discovered a Smith & Wesson .38 revolver under a baseball cap on a shelf behind the bar. Although respondent Richard Morgan told Sgt. Dietrich that the gun belonged to him, he testified at the hearing that he had taken the pistol as collateral for repayment of a loan of $10.00 he had made earlier on August 10, 1979, to a man named George, whom he knew well but has not seen since. The gun belonged to Ranion Osmond and was stolen from Mr. Osmond's residence at 704 Northwest 20th Avenue, Fort Lauderdale, on or before April 14, 1979. Petitioner's exhibit No. 2. Before petitioner shut it down, tide Black Cat Lounge was the meeting place for a motorcycle club whose members numbered 32 on the Saturday the search warrant was executed. The club had last met on the preceding Wednesday. All members of the club had access to a storage space near the bar in the northeast corner of the Black Cat Lounge, which contained a stove and a refrigerator. In this storage space, the officers executing the search warrant found two books of financial records. In one book the members of the motorcycle club were listed opposite the amounts of dues they had paid. One of the books held about $150.00 in five, ten and twenty dollar bills. The searching officers found a bag of twenty dollar bills inside the oven. They also discovered an open bag of marijuana resting on a horizontal board in the wall. A search of respondent Richard Morgan yielded some $400.00 in cash, including the marked ten dollar bill which had entered the premises in the custody of the informant. Respondent Richard Morgan's left thumb print was discovered on a foil packet found in one of the purses. The packet contained heroin or cocaine; it was not clear from the evidence which. Respondent Richard Morgan used aluminum foil to wrap the fish sandwiches he sold to bar patrons. Mr. Morgan owns a Kawasaki motorcycle which was parked inside the Black Cat Lounge on the night of August 10, 1979. Respondent Ella Morgan left the running of the Black Cat Lounge to her husband and spent less than an hour a week on the premises, on the average.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner revoke respondents' license. DONE and ENTERED this 7th day of August, 1980, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: James M. Watson, Jr., Esquire 725 South Bronough Street Tallahassee, Florida 32301 Martin Moncarz, Esquire 200 S.E. 6th Street Suite 204 Fort Lauderdale, Florida 33301
Findings Of Fact Petitioner, Jo Nees, is a 52 year old caucasian woman who appears to be her age. Ms. Nees first moved to Destin, Florida in or about April, 1982, and upon arrival in the area, submitted an application for employment to the Delchamps store which was accepted, but about which she never heard anything from store personnel. Ms. Nees lives in the Destin East Mobile Home Park with Mr. Emerson, a gentleman with whom she has shared the mobile home for several years. In January or February, 1985, Ms. Nees went to the Delchamps store in Destin, where, she alleges, she spoke with the store manager, Mr. Owens, and asked him for an application for employment. At this point, according to Ms. Nees, he refused, indicating he preferred people younger than Petitioner. She concluded from their discussion that he felt that due to the large number of customers during the crowded summer tourist season, she would not be able to keep up and used the term, she contends, "older people." As a result she became quite upset with Mr. Owens and after this colloquy, she paid for her groceries and left. Ms. Nees contends that the conversation referenced above was overheard by the assistant manager, Mr. Few, and the cashier, Kathy Richardson. Though the cashier did not say anything at the time, she was present at the check-out counter where the conversation took place and must have heard it. The assistant manager, Mr. Few, in Ms. Nees' recollection, tried to smooth things over and calm her down. At approximately 4:30 a.m. in November, 1985, just before Thanksgiving, Ms. Nees was again in the Delchamps store. Mr. Few, she contends, came up to her and spoke to her by name. However, as she was checking out a few moments later, and he was manning the cash register, he advised her that if she filed any sort of complaint against the company, he would not know her. Ms. Nees continued to patronize the Delchamps store after the conversations with Mr. Owens because it is the only major supermarket in the area and she prefers to use it because of the quality of the product and the price. At no time has she been offered an application for employment by the store, nor has she been offered employment. As of the hearing, Ms. Nees had a job at a convenience and package store in Destin where she has worked since May, 1985. At the time she applied for a position with Delchamps she had been unemployed since December, 1984, when she left her prior job as manager of a local motel because of poor wages. In May, 1985, she was earning $4.20 an hour on a 40-hour week. Though complaining about the fact that she was not offered employment or even given an application in January, 1985, Petitioner is nonetheless satisfied that at that time, no employment was available at the Delchamps store. She contends, however, that they could have accepted her application and hired her even though she was not needed so that she would be available later on when the busy season came. At the time of the application, the period was one of low employment in the area. Ms. Nees has also filed a discrimination complaint against the neighboring Eckerd's Drug Store for failure to hire her, also on the basis of age. At the hearing, Petitioner testified that she had applied to Delchamps only once, yet on cross examination it appears she applied once and requested an application a second time. The EEOC form 5 filed in April, 1985, reflects that she applied three times for a position at Delchamps. Ms. Nees explains that the information contained on the form 5, though it bears her signature, was given over the telephone to the clerk at the Commission office and that she only applied once and requested an application form a second time. Inasmuch as Ms. Nees' testimony indicates that she applied in January or February, it is quite possible that in recounting the story over the telephone, the clerk misunderstood her comment and put down that she applied in both January and February, 1985, and that Ms. Nees failed to catch the mistake when she signed the form. This is, however, de minimus. What is more significant is the fact that none of the other parties involved identified by Ms. Nees, have any recollection of the situation being as she describes it. According to Mr. Owens, Ms. Nees at no time ever asked for an application, nor did he ever make to her the comments that she attributes to him. When he saw her at the investigation conducted by CHR, he recalled having seen her previously as a customer in the store, but at no time did she ever discuss employment with him, either alone or in the presence of Mr. Emerson, who, she claims, was a witness to the entire situation. Delchamps' policy is to accept an application form from anyone who asks for it and keep it on file. When employees are needed, people from the filed applications are called and interviewed, and selections are made. It is not company policy to take on as full-time employees, people who have not worked within the company before. Instead, people are hired on a part- time basis and then promoted to full-time positions from part- time status when openings occur. During the winter months, Mr. Owens has a staff of between 70 and 75 people. During the tourist season, that figure increases up to 120. Mr. Few, present at the discussion with Mr. Owens, does not recall any meeting between Nees and Owens and denies age discrimination. He agrees he saw her at the delicatessen counter early one morning as she alleges and greeted her. She seemed to be complaining to the counter clerk about Delchamps employment policy. When she got to the check-out counter he was manning, he offered her an application form in the hope it would put an end to the matter. She refused to accept it, however, and left after paying for her purchases. Kathryn Guidas, the cashier at the time of the alleged conversation between Ms. Nees and Mr. Owens, recalls seeing Petitioner in the store numerous times as a customer, but did not hear any conversation between Petitioner and Mr. Owens regarding employment. In fact, she has never seen Petitioner and Mr. Owens together. She has been asked for application forms by customers from time to time. When this happens, she refers them to either the manager or his assistant. Petitioner has not, to the best of her knowledge, ever asked her for an application form. On one occasion, Mr. Emerson mentioned that he had filed an employment discrimination complaint against the company and expected to hear something soon, but made no mention of any discrimination complaint by Petitioner. In her testimony at the prior inquiry, Ms. Nees identified Vicky White as an employee who was present at the conversation she claims to have had with Mr. Owens. Ms. White has worked in the Destin store as a clerk in the bakery and deli for approximately 10 years, but denies having ever seen Petitioner prior to the hearing. Neither does she know Mr. Emerson and she denies she has ever discussed company hiring policy with either Petitioner or Emerson. She has never been present at any conversation between Owens and Nees. In light of the above, it is most likely that Ms. Nees did not ask for an application at all. It would have been unnecessary for Owens to deny her one in light of the policy when, if she was not wanted, she need not have been called in for an interview. Ms. Nees would like to be compensated for the time she was improperly denied employment by Delchamps and would like to be offered a permanent job at the store. She is concerned, however, that if offered a job as a result of a settlement, she would be discharged shortly thereafter: a result that she does not desire. If she is to be hired, she would like to be assured that she can keep the job and not face layoff as retribution for her actions here. In her post hearing submission, she reiterates her desire for a settlement and a job because she is, apparently, no longer working at the convenience store and the Delchamps store is only two blocks from-her residence. Based on all the evidence, considering the inherent probabilities and improbabilities of the testimony, it is obvious that Ms. Nees is anxious to be employed by Delchamps and/or to receive compensation from them. She has, however, scant evidence to establish that she was discriminated against because of her age. She admits that there were no openings at the time of her alleged conversation with Mr. Owens, and that she also filed a discrimination complaint against Eckerd' s, again knowing that no vacancies existed. When Ms. Nees was not hired, it was clearly for undisclosed reasons other than her age and there is no evidence of any discrimination by Respondent
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that the Petition for Relief filed by Jo Nees be denied. RECOMMENDED in Tallahassee, Florida this 9 day of May, 1986. 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 9th day of May, 1986. COPIES FURNISHED: Jo Nees Box 89 Destin East Mobile Home Park Destin, Florida 32541 William C. Tidwell, Esquire Post Office Box 123 Mobile, AL 36601 - Donald A. Griffin, Executive Director Commission on Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32303
The Issue Whether or not on or about the 11th day of June, 1976, on the Respondent's licensed premises located 5916 Phillips Highway, Jacksonville, Florida, the Respondent, its agent, servant or employee, one Myra Kathryn Watkins, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer, one Patrick Francis Murphy, by dancing in a topless manner while rubbing her pubic area on his and allowing him to kiss her breasts, in violation of s 798.02, F.S., thereby violating s 561.29, F.S. Whether or not on or about the 11th day of June, 1976, on the Respondent's licensed premises located at 5916 Phillips Highway, Jacksonville, Florida, the Respondent, its agent, servant or employee, one LaMae Simpson, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer, one William Wehrmann, by dancing in a topless manner while allowing him to place U.S. currency into her g-string and fondle her legs, in violation of s 798.02, F.S., thereby violating 56l.59, F.S. Whether or not on or about the 11th day of June, 1976, on the Respondent's licensed premises located at 5916 Phillips Highway, Jacksonville, Florida, the Respondent its agent, servant or employee, one Ellen Marie Collins, did unlawfully engage in open and gross lewd and Lascivious behavior with Vice Officer H. R. Hall by dancing in a topless manner while rubbing her pubic region and buttocks on his lap and attempting to place her breasts into his mouth, in violation of s 798.02, F.S. thereby violating s 561.29, F.S.
Findings Of Fact At all times material to the allegations found in the Notice to Show Cause, the Respondent, G and B of Jacksonville, Inc., trading as Climax, located 5916 Phillips Highway, Jacksonville, Florida, was licensed under License No. 26- 780, Series 4-COP, held with the State of Florida, Division of Beverage. On June 11, 1976, one Myra Kathryn Watkins was working as a dancer for the licensee in the subject licensed premises. One of the customers for whom she was dancing was Patrick Francis Murphy. Murphy paid her $10.00 to dance the duration of five records for him. During the course of these dances, on more than one occasion, Murphy kissed the bare breasts of Watkins and she allowed this to occur. On June 17, 1976, one LaMae Simpson was working as a dancer for the licensee in the subject licensed premises. She was dancing topless and wearing a g-string. One of the patrons for whom she danced was William Wehrmann. While standing in the vicinity of where Wehrmann was located, she allowed Wehrmann to fondle her legs with his hands and, at some point in time, held her g-string costume away from her body to allow him to place some form of currency into the area of the g-string with his hand. On June 11, 1976, Officer H. R. Hall of the Jacksonville Sheriff's Office entered the subject licensed premises. While seated at a table in the premises, he was approached by one of the dancers working there, Elaine Marie Collins. Collins asked if Hall would like her to dance for him. Hall agreed to do this and paid $2.00 for the dance. Collins danced topless for Hall and on four or five occasions during the course of the dance, tried to place her breasts in Hall's mouth. She also rubbed her buttocks over his groin area. During the course of the activities described above, as entered into by the named dancers, no attempts were made by the employees within the licensed premises to stop this activity.
Recommendation It is recommended that the license of the Respondent, G and B of Jacksonville, trading as Climax be revoked. DONE AND ORDERED this 18th day of April, 1977, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Charles Tunnicliff, Esquire Division of Beverage 725 Bronough Street Tallahassee, Florida 32304 Harry Katz, Jr., Esquire 337 E. Forsyth Street Jacksonville, Florida 32202
Findings Of Fact From December 10, 1982, until the present, the Respondent Knoxon Motel, located at 7411 Northeast Biscayne Boulevard, Miami, Florida, was licensed by the Petitioner Division of Hotels and Restaurants, as a motel business and holds license no. 23-08193H. The Knoxon Motel is located in an area of Miami which is known to be a place where prostitution is open and widespread. This condition has existed for approximately 12 to 13 years. Of the numerous motels and apartments in the area, the Knoxon has presented one of the biggest problems for law enforcement officers in their attempts to stop prostitution activities along Biscayne Boulevard. It is a common sight to see prostitutes flagging customers from the street and walking back and forth in front of the Knoxon waiting for prospective customers to drive by. The owner of another motel across the street from the Knoxon, Aaron Manes, has lost customers as a result of prostitutes following them into his motel in search of business. The problem is so serious that a unit of Mane's motel cannot be rented because of the noise that comes from the Knoxon. Manes has called the police over the past year at least once a day with complaints regarding prostitutes around the Knoxon, but so far has been unable to permanently solve the problem. The management of the Knoxon has been warned by police officers regarding prostitution activities at the Knoxon following the arrest of various females in and around the premises. The prostitutes who frequent the area around the Knoxon typically do not rent rooms themselves but instead use a go- between such as a pimp to secure a place to meet customers. Prostitutes have been observed standing in doorways and in front of open doors at the Knoxon partially and totally nude. This activity has been visible from the street. The owners of the Knoxon acknowledge that prostitution is a serious problem in the area but denied that their problems were any worse than other motels in the area. Management of the Knoxon considered installing surveillance equipment but decided against it due to a $5,000-$6,000 cost. Given the undisputed prostitute problem in the area, what has been openly observed at the Knoxon, and what had been told to management by police officers, the Respondents knew or reasonably should have known that a serious prostitution problem existed at the motel. Despite such knowledge, specific and substantial steps were not undertaken to solve the problem. The south side of the Knoxon, which is not visible from the manager's office but is the focal point of the building from the street, has been openly utilized by prostitutes without any apparent fear of detection by the Knoxon's management.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That the Respondent's hotel license no. 23-01893H be suspended for one year subject to the condition that upon the Division of Hotels and Restaurants' being assured that adequate steps have been taken to prevent the use of the premises of the Knoxon for the purpose of prostitution, the suspension would be lifted. DONE and ENTERED this 17th day of February, 1984, in Tallahassee, Florida. SHARYN L. SMITH Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904)488-8675 FILED with the Clerk of the Division of Administrative Hearings this 17th day of February, 1984.
The Issue Whether or not on or about the 14th day of June, 1976 on the Respondent's licensed premises located at 1080 Cassat Avenue, Jacksonville, Florida, the Respondent, its agent, servant and employee, one Sandra Louise Crenshaw, did unlawfully offer to commit or engage in prostitution with another, one Vice Detective J. S. Davis, Jacksonville Sheriff's Office, in violation of Section 796.07(3)(a), F.S. thereby violating Section 561.29, F.S.
Findings Of Fact At all times material to the allegations found in the Notice to Show Cause, the Respondent, G and B of Jacksonville, Inc., trading as Out of Sight, located at 1080 Cassat Avenue, Jacksonville, Florida, was licensed under License No. 26-449, Series 4-COP held with the State of Florida, Division of Beverage. On June 14, 1976, Officer J. S. Davis of the Jacksonville Sheriff's Office, Vice Squad, entered the licensed premises. He took a seat at one of the tables in the premises and observed one Sandra Louise Crenshaw in the process of dancing. The Officer ordered a drink and Crenshaw came to his table. Crenshaw then came to the table where the Officer was seated and asked Davis if he wanted her to dance for him. She explained that the dances were in three categories. The first dance was essentially the act of dancing, for which she would charge $1.00. The second arrangement, according to Crenshaw, would cost $10.00 and for that $10.00, she would give Davis a "hand job". The third arrangement would cost $25.00, according to Crenshaw, for which $25.00 Crenshaw said that she and Davis would have sex. Davis then asked if that meant to do the act in the bar in the licensed premises. He also asked her if there was a bed. Crenshaw indicated that they would move to the back table in the licensed premises and he would then be required to pull down his pants and she would "sit on it". Davis paid her $30.00 and she gave him $5.00 in change. They moved to the back table at which time Crenshaw unzipped Davis's trousers and he placed her under arrest. Mrs. Crenshaw was employed as a dancer at the licensed premises.
Recommendation It is recommended that the license of the Respondent, G and B of Jacksonville, Inc., trading as Out of Sight, license no. 76-449 be suspended for a period of 30 days to run concurrently with the sentence in Division of Administrative Hearings' Case no. 76-1987. DONE AND ORDERED this 18th day of April, 1977, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Charles Tunnicliff, Esquire Division of Beverage Department of Business Regulation The Johns Building 725 Bronough Street Tallahassee, Florida 32304 Harry Katz, Jr., Esquire 337 E. Forsyth Street Jacksonville, Florida 32202
