Findings Of Fact Petitioner, the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, is the regulatory agency charged with regulating alcoholic beverages and tobacco. Respondents, 1/ David W. and Mildred N. Romeo, d/b/a The Full Moon Club, are the holders of Alcoholic Beverage License #61-01368, Series 14BC. Respondents' licensed premises is located at 6763 Land O'Lakes Blvd., Land O'Lakes, Florida. Based on a complaint received by the Pasco County Sheriff's office (PCSO), Detective Darren Norris of the PCSO initiated an undercover investigation of Respondents' licensed premises. Detective Norris was assisted by Special Agent Ashley Murray (herein the agents) of the Division of Alcoholic Beverages and Tobacco (DABT), who was also acting in an undercover capacity. Petitioner notified Respondents by mail that the Division had received complaints concerning lewd or indecent acts taking place in the licensed premises. In response to that notice, Respondent placed a telephone call to Petitioner's agent, George Miller, to discuss ways in which he would not run afoul of the alcoholic and beverage laws in Florida. During the conversation with Agent Miller, Respondent engaged in a discussion with Miller as to the pitfalls of licensees who operated membership clubs as he did. Miller gave certain examples of proscribed conduct and Respondent ended the conversation with the assurance that they were not engaging in unlawful conduct as the warning letter indicated. Detective Norris has been employed with the PCSO for five years and currently holds the rank of corporal. At the time of his investigation, Detective Norris was assigned to the vice and narcotics unit of the PCSO. Agent Murray has been employed with Petitioner for four years. When Detective Norris was assigned to investigate the anonymous complaint concerning Respondent's club (by a Captain of PCSO), he did not receive explicit instructions from his superiors concerning the manner in which the investigation would be conducted or that a certain outcome was expected. On May 28, 1993, Detective Norris entered the licensed premises in an undercover capacity. Detective Norris met with Respondent, Mildred (Nita) Romeo, at the entrance of the licensed premises. Detective Norris inquired as to procedure of becoming a member of the club; whereupon Ms. Romeo advised that he would have to either be a resident of Paradise Lakes, or be a member of the American Sunbather's Association (ASA). On June 18, 1993, the agents entered the licensed premises to continue the undercover investigation. The agents obtained temporary membership cards from the ASA and presented them to Respondent Nita Romeo at the entrance of the club. The agents were provided a membership application prior to admission into the licensed premises, which included affirmations that they were not law enforcement officers on duty; that they were not reporters; that the club was "clothing optional"; that lewd and lascivious behavior was prohibited, and that what happens in the club "stays in the club". Respondents included those affirmations on the application to protect the privacy of the members. The agents completed the application and were accepted as club members. While inside the licensed premises, the agents sat in an area designated for couples only. After being in the licensed premises for a short time, the agents observed a white male, approximately 50 years old, and a white female approximately 35 years old, sitting at a table approximately six feet away. Detective Norris thought that he observed the male pull his penis from his shorts and the female rubbing the penis with her hand. Agent Murray could not see the male's penis, but thought that she saw the female's hand in the male's groin area. This activity took place for several minutes. Respondents did not see this activity. During the same evening, the agents observed a white male standing with two white females in an open area near the hallway to the rest rooms and approximately five feet from their seats. One of the females was wearing a black night dress and the other was dressed in a two-piece lingerie set. The agents observed the two females rubbing each other's bodies with their hands when one of the females knelt in front of the other female and began a movement which simulated placing her tongue on the inside of the female's vagina. This activity took place for several minutes. Agent Murray thought that she observed several unnamed patrons watching this activity as it was ongoing. Respondents did not witness this conduct. During the same evening, the agents were dancing on the dance floor when they observed a white female and white male dancing approximately three to four feet away. The white male was approximately sixty years old and was dressed in red running shorts, and the white female was approximately 35 years old, heavy set, and nude. The agents observed the male place his fingers in an area near the female's vagina. Agent Murray observed the female dancing and squatted in an up and down manner on the hand of the male dancer. This activity took place for several minutes. Respondents did not witness this activity. After the male removed his fingers from the area of the female's vagina, the female knelt in front of the male, pulled his running shorts to his knees, and placed her mouth in close proximity to the male's penis. This activity lasted approximately one minute. Respondents did not witness this conduct. Both officers did not observe Respondents witnessing these activities although Respondents were always present in the premises. Respondent constantly walked around the licensed premises monitoring the patrons. During the evening of June 18, 1993, while the agents were in the licensed premises, Respondent approached the agents and introduced himself. He told the officers that if they saw anyone doing anything lewd in the premises, it was because they wanted to, and that such activity was not allowed by Respondents. On July 10, 1993, at approximately 11:00 p.m., the agents returned to the licensed premises to continue their investigation. Both officers observed Respondent Nita Romeo at the entrance and Respondent was walking around inside the licensed premises. While in the licensed premises, the agents observed a white couple dancing on the dance floor. The white male was dressed in a striped blue shirt and blue pants and the white female was dressed in a tan g-string and gold waist chain. The male was observed by the agents fondling the breast of the female with his hand and placing his mouth on the female's breast. The male was then observed moving the "g-string" aside and placing his fingers in the area of the female's vagina. This activity took place for several minutes. Respondents did not observe this conduct. A short time after the above-related conduct, the agents observed a white male sitting at a table next to the dance floor with a white female. The agents were seated approximately seven feet from the couple who were dancing. The agents observed the male remove an ice cube from his drink and rub it over the female's exposed breast. The male was then observed placing the ice cube in his mouth and placing his mouth on the exposed breast of the female. This activity took place briefly and Respondents did not see it. The agents then observed the male, described in the preceding paragraph, pull up the dress of the female and place his fingers in the area close to her vagina. This activity took place briefly and Respondents did not see it. Respondent was not observed by the agents watching any of these activities, although he walked around the licensed premises constantly. Throughout all of these activities, Respondent Nita Romeo was at the front desk with her back turned toward the patrons and she did not have a clear view of what was occurring inside. On July 16, 1993, the agents returned to the licensed premises to continue their investigation. While entering the licensed premises, the agents were greeted by Respondent Nita Romeo. While dancing on the dance floor, the agents observed a black male wearing jeans dancing a few feet away from a white female wearing a red "teddie" lingerie set. The agents observed the male place his fingers in the area of the female's vagina. This activity lasted approximately one minute and Respondents did not see it. A short time thereafter, the agents observed a white male with a white female wearing a black "t-back bottom". Both officers observed the male fondle the female's breast and moved the t-back bottom aside and placed his fingers inside the area of the vagina. This activity took place while a song was playing and Respondents did not see it. Respondent was not observed watching this activity, although he was inside the licensed premises. He spoke with the agents and told them that when they felt comfortable, they could join in with the other patrons. On July 23, 1993, the agents returned to the licensed premises to continue their investigation. They saw Respondent Nita Romeo at the entrance where they were greeted and Respondent was inside the licensed premises. While inside the licensed premises, the agents observed two patrons sitting at a table on the east side of the dance floor. The female patron was sitting on the lap of the male. Both agents observed the male move aside the t-back bottom and place his fingers inside the area of the female's vagina and fondle her exposed breast with his other hand. This activity took place for several minutes. Respondent did not observe this activity. Shortly after the above described activity, Respondent approached the officer's table and commented that his feet hurt from walking around so much. This is in keeping with Respondent's constant attempt to monitor the premises at all times. On July 24, 1993, at approximately 12:25 a.m., Detective Norris left the licensed premises and signaled for the remaining law enforcement officers, who were waiting outside, to enter the premises. The activity inside the licensed premises, once law enforcement entered, was video taped. Detective Norris confiscated several photographs which were found inside the licensed premises. These photos were mementos and were from other activities from another club unrelated to Respondent's licensed premises here. Although Detective Norris and Agent Murray observed Respondent David Romeo make announcements over the public address system, they denied ever hearing him say the lewd behavior was not allowed inside the licensed premises. Robert Laurie was employed as a disc jockey for Respondents for approximately one year. Part of his assigned duties were to watch the activities in the licensed premises and alert Respondents if he witnessed any problem(s). Laurie observed problems on occasion and notified Respondent whenever he saw anything occurring which he considered to be lewd and/or lascivious. Respondents changed the policy regarding nudity in the licensed premises and since this policy changed, Laurie has observed less problems respecting lewd and lascivious acts inside the licensed premises. Laurie was present on each occasion the officers were in the licensed premises and did not witness six (6) of the incidents testified to by the officers. Laurie related one incident of oral sex taking place which he related to Respondent who immediately stopped it. Laurie has a clear vantage point from his station in the disc jockey booth and he is better able than any other patron to view what goes on inside the premises. Laurie has observed Respondent making announcements banning lewd and lascivious conduct in the licensed premises, which announcements are made, without fail, twice nightly. Stephanie Mitchell has been employed by Respondent in the licensed premises in several capacities although she is not presently employed there. She has heard Respondent talk to new couples concerning the lewd and lascivious rules. She observed Respondent walking around constantly in the licensed premises monitoring the club's activities. Witnesses Mark Mitchell, Dale Workman, Nan La, Darlene Nonn and Grady Lawhorne are all members of the club. All of the above witnesses have observed Respondent constantly moving around inside the licensed premises and policing the club such that lewd and/or lascivious behavior could not occur. Respondent constantly made known, through the public address announcements, that lewd and lascivious behavior was not allowed in the licensed premises. Respondent made the announcements twice nightly and all the above witnesses are desirous of the club remaining open. Nan La observed Respondent throwing members out of the licensed premises for several reasons including those who are too loud or rowdy; those who are too intoxicated, and those who are "too loose with their hands". Darlene Nonn is familiar with pictures which were posted on the wall and confiscated during the raid. She does not consider them to be lewd or indecent. Respondent opened the club with the idea of providing a place where the adult members could go and not be harassed by other patrons. Respondent followed all procedures required to obtain all necessary licenses and wanted to make certain that he "followed the letter of the law" such that he would not run afoul of any beverage laws. In this respect, when Respondent received the notice from Petitioner, he immediately called Agent Miller and inquired as to specifics of the charges which were unspecified. Respondent walks the licensed premises constantly on each evening it is opened for business, and he makes public service announcements, twice nightly, advising members that lewd and lascivious behavior was prohibited. Respondents observed and enforced the rules, as best they could, and maintained an eye on all of the patrons/members while they were in the club. The agents never approached Respondents about any of the activities they reported herein.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: Petitioner enter a Final Order dismissing the Administrative Complaint filed herein. DONE AND ENTERED this 8th day of June, 1994, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL 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 8th day of June, 1994.
Findings Of Fact At all times material hereto, Respondent, Quinto Patio Bar, Inc., d/b/a Quinto Patio Bar, held alcoholic beverage license number 23-02231, series 2-COP, for the premises known as Quinto Patio Bar, 1552 West Flagler Street, Miami, Dade County, Florida. In August 1987, a joint task force was formed consisting of police officers from Metropolitan Dade County and the City of Miami, as well as investigators of the Department of Business Regulation, Division of Alcoholic Beverages and Tobacco (DABT) , to investigate narcotics complaints against numerous business establishments in Dade County. Among the businesses targeted was the licensed premises at issue in this case. On August 27, 1987, DABT Investigator Oscar Huguet and City of Miami Investigator Pedro Pidermann, operating undercover, entered the licensed premises in furtherance of the aforesaid investigation. Accompanying Investigators Huguet and Pidermann was a confidential informant (CI), who would accompany them on subsequent visits. During the course of this visit, and three other visits that predated September 5, 1987, the investigators familiarized themselves with the licensed premises, and became acquainted with the employees and patrons of the bar. On September 5, 1987, Investigators Huguet and Pidermann, in the company of the CI, returned to the licensed premises. Upon entering the premises, the investigators proceeded to play a game of pool and directed the CI to see if any drugs were available in the bar. The CI walked to the bar, spoke with employee Maria, and accompanied her back to the pool table. At that time, Maria offered to sell the investigators a gram of cocaine for $50. Investigator Pidermann handed Maria a $50 bill, Maria removed a clear plastic packet of cocaine from her pants' pocket and handed it to the CI, and the CI handed it to Investigator Huguet. Huguet held the packet up to the light at eye level, and then commented that it "looks like good stuff." This transaction took place in plain view, and in the presence of several patrons. On September 16, 1987, Investigator Huguet and the CI returned to the licensed premises and seated themselves at the bar. Huguet struck up a conversation with the barmaid Maria, and asked whether she had any cocaine for sale. Maria responded that the individual (later identified as Bandera) who brings in the "stuff" had not come in yet, but to come back the next day. Huguet told Maria he would return the next day and to reserve two grams for him. On September 17, 1987, Investigator Huguet and the CI returned to the licensed premises to make the purchase of cocaine arranged the previous day. Upon entry, Maria told Huguet that the man (Bandera) who sold the cocaine had just left through the front door. Huguet gave the CI $100, and told him to follow the individual and make the purchase. These conversations occurred in the presence of Yolanda, another employee of the licensed premises. After the purchase from Bandera, the CI returned to the bar and handed Investigator Huguet 4 clear plastic bags of cocaine. Huguet examined the bags at eye level and in the presence of Maria, and placed them in his shirt pocket. On September 18, 1987, Investigators Huguet and Pidermann, together with the CI, returned to the licensed premises and began playing pool. A short time later Bandera entered the bar and, upon being motioned over by the CI, approached the investigators. Upon greeting Bandera, Huguet asked him how much cocaine $100 would buy. Bandera replied "two grams", whereupon Huguet borrowed $50 from Pidermann to which he added $50 from his pocket, and tried to hand it to Bandera. Bandera, who had not previously met the investigators, told him no, to meet him in the restroom. Huguet met Bandera in the restroom, and purchased two grams of cocaine for $100. Upon exiting the restroom, Huguet observed Maria looking at him, held up the two clear plastic bags of cocaine, and mouthed the words "thank you" to her. On September 24, 1987, Investigators Huguet and Pidermann, together with the CI, returned to the licensed premises. During the course of this visit, Bandera was observed seated at the bar conversing with Maria. Pidermann and the CI approached Bandera, and asked whether he had any cocaine for sale. Bandera responded yes, and invited Investigator Pidermann to the restroom to consummate the transaction. Pidermann met Bandera in the restroom and purchased two grams of cocaine for $100. Upon exiting the restroom, Investigator Pidermann displayed the cocaine to Investigator Huguet and the CI above the bar. This display occurred in plain view and in the presence of several patrons. On September 25, 1987, Investigators Huguet and Pidermann, together with the CI, returned to the licensed premises and proceeded to play pool. A short time later, Bandera entered the bar, approached the pool table, and placed two clear bags of cocaine on top of the pool table in front of Investigator Huguet. Huguet asked Bandera how much the cocaine would cost and he stated $100. Huguet gave Bandera the money, picked up the packets and held them at eye level for examination. This transaction took place in plain view, in the presence of numerous patrons, and was observed by employee Asucercion. On October 2, 1987, Investigators Huguet and Pidermann returned to the licensed premise. During the course of this visit, Huguet engaged Maria in general conversation and inquired as to the whereabouts of Bandera. Maria advised Huguet that Bandera was probably at the Yambo Bar, and that if he wanted cocaine to see him there. Investigator Huguet left the licensed premises and went to the Yambo Bar, located approximately one block away. There he met with Bandera and told him that he wanted to purchase cocaine but that Pidermann had the money at the Quinto Patio Bar. Bandera told Huguet he would meet him out back of the licensed premises. Huguet returned to the Quinto Patio Bar and spoke with Investigator Pidermann in the presence of employee Asucercion. Huguet told Pidermann that for $100 Bandera would supply the cocaine. Pidermann gave Huguet the money, and Huguet went out back to purchase the cocaine from Bandera. After the purchase from Bandera, Investigator Huguet returned to the bar and placed two clear plastic bags of cocaine on the bar counter in front of Investigator Pidermann and Asucercion. Pidermann picked up the cocaine, examined it, and placed it in his pocket. On October 3, 1987, Investigators Huguet and Pidermann returned to the licensed premises and seated themselves at the bar. While the investigators were being served by Maria and an unidentified barmaid, Huguet inquired as to the whereabouts of Bandera. Maria replied that he was probably at the Yambo selling cocaine. Investigator Huguet left the licensed premises, met Bandera at the Yambo Bar, and arranged the same drug deal they had made the previous day. Huguet returned to the Quinto Patio Bar and spoke with Investigator Pidermann in the presence of Maria. Huguet again told Pidermann that for $100 Bandera would supply the cocaine. Pidermann gave Huguet the money, and Huguet went out back to purchase the cocaine from Bandera. After the purchase from Bandera, Investigator Huguet returned to the bar and seated himself next to Pidermann. In front of Maria and the unidentified bar maid, Huguet wrapped the two clear plastic bags of cocaine in a napkin and handed them to Pidermann. All of the events summarized in the preceding paragraphs took place at the licensed premises during normal business hours. At no time did respondent's employees express concern about any of the drug transactions. In fact, the proof demonstrates that the employees knew that cocaine was being sold, delivered, or possessed on the licensed premises on a regular, frequent, and flagrant basis. Ms. Dominga Lora (Lora), is the sole corporate officer of the licensee and owner of 100 percent of its stock. According to her, she is generally always on the licensed premises, and usually is seated at a small table by the pool table. Notwithstanding the fact that the lighting within the premises is good, Lora averred that she had no knowledge of any drug transactions on the premises and, in fact, doubted that any did occur. Lora's testimony is not credible. The proof is clear and convincing that the drug transactions previously discussed did occur on the licensed premises, and that they occurred in an open manner visible to patrons and employees alike. If reasonably diligent, Lora had to observe that drug transactions were occurring on the licensed premises but failed to make any reasonable effort to prevent them. Under the circumstances, it is concluded that Lora knew such sales occurred or negligently overlooked them.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Division of Alcoholic Beverages and Tobacco enter a final order revoking alcoholic beverage license number 23-02231, series 2-COP, issued to Quinto Patio Bar, Inc., d/b/a Quinto Patio Bar, for the premises located at 1552 West Flagler Street, Miami, Florida. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 19th day of May, 1988. WILLIAM J. KENDRICK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1050 Filed with the Clerk of the Division of Administrative Hearings this 19th day of May, 1988. COPIES FURNISHED: Katherine A. Emrich, Esquire Assistant General Counsel Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1000 Rene Valdes 1830 N.W. 7th Street Miami, Florida 33125 Daniel Bosanko, Director Department of Business Regulation Division of Alcoholic Beverages and Tobacco 725 South Bronough Street Tallahassee, Florida 32399-1000 Joseph A. Sole, Esquire General Counsel Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1000
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
The Issue Whether or not on or about October 31, 1975, the Respondents, Bossie Mae and Willie Mae Browdy, licensed under the beverage laws as a package store, and/or their agent, servant or employee, to wit: Bossie Mae Browdy did allow or permit the consumption of alcoholic beverages on their licensed premises, contrary to Rule 7A-3.05, Florida Administrative Code. Whether or not on or about November 1, 1975, the Respondents, Bossie Mae and Willie Mae Browdy, licensed under the beverage laws as Browdy's Mini Market with a 2-APS license to wit: Bossie Mae Browdy did allow gambling (card) on the licensed premises, contrary to Section 849.08, Florida Statutes and in violation of Section 561.29, Florida Statutes.
Findings Of Fact At present, and on October 31, 1975 and November 1, 1975, the Respondents, Bossie Mae and Willie Mae Browdy are and were the holders of a beverage license with the State of Florida, Division of Beverage number 69-299, 2-APS. On October 31, 1975, Eugene Fogel, a Division of Beverage enforcement officer entered the premises licensed by the State of Florida, Division of Beverage, which was operated by the Respondents at Avenue B on Chuluota Road, Oviedo, Florida. While in the store he observed an unknown black female consuming a beverage which was marked Millers High-Life. This consumption was taking place in the presence of the Respondent, Bossie Mae Browdy, and in the course of the consumption a conversation was taking place between the unknown black female and Bossie Mae Browdy. The bottle which Officer Fogel observed was marked with identifying information which the officer based upon his experience, felt indicated that it contained an alcoholic beverage. On November 1, 1975, officer Fogel returned to the licensed premises of the Respondents and entered into a card game in a porch like area which is immediately at the front of the store and connected to the store. This card game was between Fogel and several black males who were participating in a card game when he approached. The game took place over 45 minutes and money was exchanged at 25 cents a game for the winner, for a total amount of approximately $2.00. During the course of the game, Bossie Mae Browdy came to the door and looked out at the card game being played.
Recommendation It is recommended that the Respondents, Bossie Mae and Willie Mae Browdy, be fined in the amount of $100 for the offense as established through this administrative complaint. DONE and ENTERED this 24th day of November, 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 Curtis, Esquire Division of Beverage The Johns Building Tallahassee, Florida 32304 Carl Thompson, Esquire 25 South Magnolia Avenue Orlando, Florida 32801
The Issue This case concerns the issue of whether Respondent's beverage license should be suspended, revoked or otherwise disciplined for permitting prostitution activity on his licensed premises. At the formal hearing the Petitioner called as witnesses John Harris, Kelvin Davis, Carlos Bauxalli, Lewis Terminello, Hugo Gomez, Louis Viglione, Keith Bernard Hamilton, and Alfonso Scott Julious. Respondent called as witnesses Isaac Dweck, Gary Arthur, Irene Madden, Collins Jones, Mary Scott, Debbie Heenan, Judy Pearson, Joe E. Clements, Cecil Rolle, and the Respondent himself, Eddie Lee Pittman. Petitioner offered and had admitted a videotape which was viewed during the hearing. Respondent offered and had admitted one exhibit. Petitioner also offered a composite exhibit containing police reports relating to the licensed premises for the years 1981 and 1982. That composite exhibit was admitted as hearsay to corroborate the testimony of the police officers relating to the reputation of the licensed premises. These police records were of very limited probative value and no finding of fact was based upon these records. Neither party submitted proposed findings of fact and conclusions of law for consideration by the Hearing Officer.
Findings Of Fact At all times material to this proceeding the Respondent, Eddie Lee Pittman, was the holder of beverage license No. 23-371, Series 2-COP. The license is issued to the licensed premises at 1772 N.W. 79th Street, Miami, Dade County, Florida, and was originally issued to Respondent on October 6, 1965. On the evening of March 22, 1983, Beverage Officer Kelvin Davis visited the licensed premises, Eddie's Dive Inn, in an undercover capacity to investigate possible prostitution activity in the licensed premises. Officer Davis was accompanied by Beverage Officer Eddie Bauxalli. After entering the licensed premises Officer Davis was approached by a white female named Elnora Moore who engaged him in conversation. The conversation led to a discussion of voter registration cards and Ms. Moore stated that a voter registration card could get you out of jail on a misdemeanor charge. Officer Davis asked why she needed a card for that purpose and Ms. Moore said because of solicitation. She then asked Officer Davis if he would like to be solicited and asked how much money he had. He responded that he had twenty dollars and she said that would get him a "straight." "Straight" is slang or street language for sexual intercourse. He agreed to the price but told her he also had a friend (Officer Bauxalli). Ms. Moore offered to service both men for $100. Officer Davis and Officer Bauxalli agreed to this offer and the three of them prepared to leave. The conversation between Ms. Moore and Officer Davis took place next to the bar where the officers were seated. This was approximately three to five feet from the cash register where the bartender on duty was working. The conversation took place in a normal tone of voice. As Officers Davis and Bauxalli and Ms. Moore began to leave, a white female named Peggy Schultz yelled across the bar to Officer Bauxalli and asked where he was going. Officer Bauxalli yelled back that he was going to have a good time. In response, Ms. Schultz yelled back "How can you have a good time without a date?" Officer Bauxalli responded that he would figure something out. At this point Ms. Schultz walked over to Officer Bauxalli. Ms. Schultz asked Officer Bauxalli if he wanted a "date" and he asked what is a "date." She responded that a "date" is a "straight" for $20 or a "straight" and a "blow job" for $25. He agreed to a "date" and Ms. Schultz then told him to drive around to the back and she and Ms. Moore would meet them at the back door. She also stated that the owner did not like the girls to go out the front door. Officers Bauxalli and Davis then left the bar, drove around to the back door of the licensed premises and picked up Ms. Moore and Ms. Schultz, who were waiting just inside the back door of the lounge. While Officers Bauxalli and Davis were in the licensed premises, the bar was pretty crowded and there was a lot of noise from people talking. At the time Ms. Schultz solicited Officer Bauxalli, she spoke in a normal tone of voice while they stood approximately four or five feet from the cash register on the bar. Ms. Schultz was dressed in a low-cut blue silky dress that was made of a material which you could easily see through. She was wearing only panties underneath the dress. The owner, Mr. Pittman, was observed in the licensed premises on the evening of March 22, but there was no evidence that he observed or overheard any of the discussions between the two beverage officers and Ms. Schultz and Ms. Moore. On the evening of September 17, 1983, at approximate1y. 10:A5 p.m., Beverage Officer Louis J. Terminello went to the licensed premises in an undercover capacity. Immediately upon entering the licensed premises he was approached by a white female named Michelle Orfino. The bar was pretty crowded and there were a number of females in the bar and poolroom area who by their dress appeared to be prostitutes. These women were mingling with the men at the bar and in the poolroom area. A number of couples were exiting through the back entrance. When Ms. Orfino approached Officer Terminello, she walked up to him and asked if he was looking for a "date." He asked her what a "date" was and she said "a blow job." She then asked if he wanted one and Officer Terminello responded "yes." She told him the price would be $20 plus $5 for the room. As they had been talking Officer Terminello, accompanied by Ms. Orfino, walked into the poolroom area. After agreeing to the price, Officer Terminello took Ms. Orfino by the arm and started to walk out the front door of the lounge. She stopped him and said that they had to use the back door because Eddie does not allow them to leave through the front door. She then told him to drive around back and Officer Terminello responded that his car was just outside the back door. She then walked with him out the back entrance and into the parking lot. As they walked to his car Officer Terminello observed the Respondent, Eddie Pittman, in the parking lot. After driving away, Officer Terminello placed Ms. Orfino under arrest. Ms. Orfino was dressed in a very low-cut latex body suit. For at least three nights prior to September 17, Officer Terminello, while on surveillance, had observed a continuous pattern of a patron entering the bar, coming back out and driving his car to the rear entrance. A woman would then come out the back door, get in the car and they would drive away. Twenty minutes or so later the car would come back and the girl would get out and go back in. After the arrest of September 17, Officer Terminello returned to the bar in the early morning hours of September 18 to arrest two other women for prostitution. The Respondent had not been advised of the arrests on September 17. On the evening of September 15, 1983, Beverage Officer Louis Viglione went to the licensed premises, Eddie's Dive Inn. After entering the licensed premises he took a seat at the bar near the rear entrance. Shortly after entering, he was joined by two black females named Veronica and Angie. He purchased a beer for each of the two women and the three of them engaged in conversation about good times, good loving, and Pink House. The Pink House is a boarding house in the area where the licensed premises is located and is used by prostitutes for "dates." A "date" is a slang or street term used commonly by prostitutes to refer to sexual intercourse or other sexual acts for pay. During this conversation, Veronica stated that one hour with her would cost $40 or $50 and Angie stated that she charged $100 an hour. As an excuse, Officer Viglione then stated that he did not have enough money because he wanted two women at once. He remained in the lounge approximately one more hour and left. On this particular evening Veronica was wearing a short white dress and Angie was wearing a blue print dress with white stockings. Both were dressed in what Officer Viglione described as normal dress. Several other women in the lounge were dressed in a very provocative manner and appeared by their dress to be prostitutes. The lounge was approximately 3/4 full of patrons, but it was not particularly noisy or boisterous. There were also several women outside the front and rear entrances of the licensed premises who appeared to be prostitutes. The area where the licensed premises is located is an area which has a visible concentration of prostitutes and has a reputation as an area where prostitution is prevalent. At approximately 9:30 p.m. on September 16, 1983, Beverage Officer Keith Bernard Hamilton entered Eddie's Dive Inn. Upon entering the lounge, Officer Hamilton took a seat at the west end of the bar. There were approximately 40 or 50 male patrons in the lounge and at least 30 women. The women were scantily dressed in very revealing clothes and were observed by Officer Hamilton to be moving around the bar stopping and talking with the men. Several of the women left the bar after talking to one of the men who also left the bar. While seated at the bar, Officer Hamilton was approached by a young black female named Anna. Anna had been talking to a white male seated next to Officer Hamilton. She asked Officer Hamilton what he was interested in tonight. He asked what she had and she asked if he wanted to fuck. She also stated that for $35 plus $5 for the room she would give him a "suck and fuck." He said he would wait for a while and Anna left but returned several times during the evening. After Anna left, another woman walked up to Officer Hamilton and asked if he dated. He was short with her and she moved over and began talking to the white male seated next to him. A few minutes later, Officer Hamilton went to the bathroom and was stopped by a black female named Carol Lawrence. Ms. Lawrence stated that she needed money and asked if he could help her out. Officer Hamilton asked what did she have and Ms. Lawrence responded "a suck and fuck for $35." Officer Hamilton agreed to this but said he wanted to wait a while. She then left, but approached him at least three more times that evening. On the evening of September 16, 1983, there were three security guards at the licensed premises. They primarily remained outside where they regulated the crowd outside the lounge. One of the guards told one of the females that she shouldn't leave with a guy but should wait inside the rear door. The guard did not object to the woman and man leaving in the man's car. On this particular evening, the Respondent was present at the licensed premises until approximately 11:00 p.m. He was in and out of his office during the course of the evening. On September 17, 1983, at approximately 9:30 p.m. Officer Hamilton returned to the licensed premises, Eddie's Dive Inn. When Officer Hamilton entered the lounge, the Respondent was seated at the bar. The activity in the bar was about the same as the night of September 16, and there was a smaller crowd. There were about 20 women in the bar. These women were walking around the bar talking to the men. There was a man seated next to Mr. Pittman who was being kissed by one of the women. After kissing the man she moved on and began talking to another male patron. Shortly after entering the lounge one of the women in the lounge looked at Officer Hamilton and winked. Later, when Officer Hamilton was in the rear of the lounge near the bathrooms, be observed this same woman standing near the rear entrance. He asked her where she was going and she responded that she would be back. She then offered him a "suck and fuck" for $20 plus the cost of the room. As she walked out the rear entrance Officer Hamilton agreed to the offer. That same evening Officer Hamilton was again approached by Anna whom he had met the previous evening. She asked if he was ready and again told him the price of a "suck and fuck." He agreed and she told him to leave out the front door and she would wait around back. Officer Hamilton left the lounge and drove his car to the rear entrance where Anna was waiting just inside the screened door of the back entrance. On the evening of September 15, 1983, at approximately 9:15 p.m., Beverage Officer Alfonso Scott Julious entered the licensed premises. There were several men seated inside the bar and several women were walking around the bar. The women were dressed casually and some were wearing short dresses which were low cut in the front. After entering the licensed premises Officer Julious observed women from time to time leave the bar with a man and then come back. Each of the women exited through the rear door. At approximately 9:45 p.m. Officer Julious was approached by a white female named Gail Sylvia James. She asked if he wanted a "date" and he said what is a "date." She then said that she would "fuck him and suck him" for $30. He responded that he would be around for a while and would get back to her. Officer Julious left the lounge at approximately 10:30 p.m. During the evening Officer Julious had overheard other men being solicited and observed at least five men leave with women. On this evening Officer Julious considered the women's dress to be casual, nice dresses. Officer Julious returned to the licensed premises at approximately 9:00 p.m. on September 16, 1983. After entering the lounge he was approached by a white female named Patricia. She asked him if he wanted a "date" and he asked "what is a "date?" She then said she would fuck him for $30. Officer Julious responded that he would be around and would get back to her. Some time later in the evening Gail James, whom he had met the previous night, approached Officer Julious and asked if he was ready for a "date." She said she would go half and half, "suck and fuck" for $30. He told her he would be around for a while. Officer Julious was also approached by a woman named Mindy Jo Gelfin, who asked if he wanted a "date." He asked "What is a date?" and she responded "half and half, fuck and suck" for $40. He also did not accept this offer. Officer Julious left the licensed premises at approximately 10:45 p.m. On Saturday, September 17, 1983, Officer Julious returned to the licensed premises at approximately 9:05 p.m. The Respondent, Eddie Lee Pittman, was in the lounge. Immediately after entering the licensed premises, Officer Julious was approached by Mindy Gelfin, who asked if he was ready for a "date." Officer Julious stated that he would be around all night and Mindy said she would come back. Later, Mindy returned and asked if he was ready and he responded "yes." He asked if they could go to the Holiday Inn and she asked if he was a cop. Officer Julious said "Do I look like a cop?" She then asked if she could pat him down. He said "yes" and she patted him down. She then said that she wanted to go in a friend's car. She borrowed the car and drove to the Holiday Inn where she was arrested. At the time of her arrest Mindy Jo Gelfin was residing with Collins Winston Jones and his girlfriend. At the time of the final hearing, Mindy Gelfin was continuing to live at Mr. Jones' residence. Mr. Jones' girlfriend had allowed her to move in. Mr. Jones is the manager of Eddie's Dive Inn. On September 29, 1983, Detective Hugo Gomez of the Metropolitan Dade County Police Department went to the licensed premises, Eddie's Dive Inn. Detective Gomez was accompanied by Detectives Manny Gonzalez and Ray Gonzalez. Detective Gomez stood at the west end of the bar and his two partners sat at the bar next to him. After they ordered a beer, they were approached by a white female named Catrina Gibides. She sat down between the two officers who were seated. She asked what they were doing and told Detective Gomez he looked like a cop. He then pulled up his pants legs to show he was wearing no socks and she said "you can't be a cop" and grabbed his groin. She then began playing with Manny Gonzalez's leg and asked if they wanted a "date." She was wearing a very loose chiffon type outfit and her breasts were barely covered. The officers who were seated had been pretending not to speak English and Ms. Gibides asked Detective Gomez to ask Manny Gonzales if he wanted to go across the street to a motel with her. She said that she would perform intercourse and fellatio for $25 plus $5. She then called over another white female named Lisa Brown, who also began talking about going across the street to a motel. Lisa Brown said her price was $25 plus $5 for the room. They then discussed going in different cars. During these conversations the bar was crowded and Eddie Pittman was in the lounge approximately 8 to 10 feet from where the officers were located. It was pretty loud in the bar. There were also barmaids working behind the bar. Isaac Dweck is a regular patron of Eddie's Dive Inn. He goes there primarily on Sunday afternoons to watch football and shoot pool. He is almost never in the licensed premises after 9:00 p.m. and averages going to the lounge four or five times a month. He has never been solicited for prostitution in the lounge and has never overheard someone else being solicited. Gary Arthur goes to Eddie's Dive Inn two or three times a week and generally leaves some time between 7:30 and 9:00 p.m. Once or twice he has stayed until 11:00 or 12:00 p.m. He has never been solicited for prostitution and has never overheard anyone else being solicited. He has been going to Eddie's Dive Inn for five or six years. The Respondent has a policy against drugs, fighting, solicitation, and profanity and also has a dress code. He employs 11 full-time employees at the lounge and three or four of these employees are security guards who work at front and back doors. The Respondent has a closed circuit television system with cameras on the cash register and pool room area. The screen is in Respondent's office. Over the past 12 years the manager, Collins Jones, has barred 12 or 13 women from the bar after he heard them soliciting in the bar. In the twenty years he has operated Eddie's Dive Inn, the Respondent has barred approximately 20 women from coming into the licensed premises because of prostitution. Once the women are arrested for prostitution, they are barred from the premises. There are signs posted in the bar prohibiting soliciting. Irene Madden works as a barmaid at Eddie's Dive Inn. She has been instructed to not serve known prostitutes and that if she heard someone soliciting she should diplomatically ask them to not do that and inform Mr. Pittman or the manager. Mary Scott works as a barmaid at Eddie's Dive Inn. She has heard women solicit in the lounge for prostitution. She does not have the authority to ask someone who solicits for prostitution to leave the premises. She does have authority to ask people to leave who are in violation of the dress code. In September, 1972, the Respondent was charged in an administrative proceeding against his license with permitting prostitution on the licensed premises. He was also charged criminally with permitting prostitution. Respondent paid a $350 administrative fine and his license was placed on probation for the remainder of the license year. He pleaded guilty to the criminal charge.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That a Final Order be entered finding the Respondent in violation of Section 561.29, Florida Statutes, and imposing a civil penalty of $1,000 and suspending Respondent's beverage license for a period of ninety (90) days. DONE AND ENTERED this 9th day of November, 1983, at Tallahassee, Florida. MARVIN E. CHAVIS, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of November, 1983. COPIES FURNISHED: William A. Hatch, Esquire Gary R. Rutledge, Secretary Department of Business Department of Business Regulation Regulation 725 South Bronough Street 725 South Bronough Street Tallahassee, Florida 32301 Tallahassee, Florida 32301 Arthur M. Garel, Esquire 40 Southwest 13th Street Miami, Florida 33130 Howard Milan Rasmussen, Director Division of Alcoholic Beverages and Tobacco Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
The Issue The issue presented here concerns the entitlement of Wiley Ulee Pridgen to transfer the beverage license which be owned to the entity, Adult World, Inc., a corporation.
Findings Of Fact Pursuant to an agreement entered into between the parties in the person of their counsel, made on September 8, 1980, the date for hearing in this cause, and in view of the written Stipulation which consummated the purposes of that agreement, the following facts are found: Wiley U. Pridgen was served with official notice that charges would be filed against him on December 10, 1979. On December 21, 1979, Wiley U. Pridgen filed an application with Respondent's Orlando District Office for transfer of ownership of his beverage license to Adult World, Inc., a corporation. On March 6, 1980, Wiley U. Pridgen was notified by the Director of the Division of Alcoholic Beverages and Tobacco that his application for transfer of ownership had been disapproved for the reason that administrative action is pending and undetermined against the subject licensee pursuant to Florida Statute 561.32. On March 17, 1980, a copy of the formal administrative charges were served on Wiley U. Pridgen. On August 8, 1980, Charles C. Adams, Hearing Officer, Division of Administrative Hearings, entered an order dismissing the instant Notice to Show Cause with leave to refile. On August 25, 1980, formal charges were served upon Petitioner in the form of a Notice to Show Cause after affording a hearing to Wiley U. Pridgen under Florida Statute 120.60(6).
Recommendation It is RECOMMENDED that the Petitioner, Adult World, Inc., d/b/a Strip World Topless Entertainment, be denied its request to have the ownership of License No. 58-1278, Series 2-COP, transferred from Wiley U. Pridgen to Adult World, Inc. DONE AND ENTERED this 7th day of October, 1980, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675
The Issue This case involves the issue of whether the Respondent's beverage license should be suspended, revoked or otherwise disciplined for multiple sales of controlled substances by employees and patrons on the licensed premises. At the formal hearing, the Division of Alcoholic Beverages and Tobacco called as witnesses, Rodney A. Russ, William J. Spears, and James B. McPherson. The Respondents called as witnesses, Deborah Craven, Tina Meredith, Roxanne Hayes, Walter Humphries, Chris Poulos, Mark Willingham, Leonard Coffee, and Respondent, Fred C. Dillman, II. Petitioner offered no exhibits and Respondent offered and had admitted one exhibit. Counsel for the Petitioner and counsel for the Respondent submitted memoranda of law. Neither party submitted proposed findings of fact and conclusions of law.
Findings Of Fact At all times material to the allegations and charges in this proceeding, the Respondents F. C. Dillman, B. J. Dillman, and F. C. Dillman, Jr., were the holders of a valid beverage license number 47-196, Series 4-COP. This license is held by Respondents as a partnership and is issued to the licensed premises known as Fred's Back Door Lounge, located at 2009 West Tennessee Street, Tallahassee, Florida. On Saturday, November 12, 1983, Beverage Officer Rodney A. Russ entered the licensed premises, Fred's Back Door Lounge, in an undercover capacity. Officer Russ had been requested by his superiors to conduct an investigation of possible drug activity at the lounge. The lounge is divided into a front area and back area by partial walls and there are bars serving drinks located in both areas. The lounge has a front entrance and a back entrance. The back entrance opens out onto a deck or porch area. Upon entering the licensed premises, Officer Russ, and a friend who accompanied him, ordered drinks from a bartender named Brenda. Officer Russ and his friend conversed with Brenda and during the course of the conversation, Officer Russ asked her if she knew someone she trusted that he could get two joints from. Joint is a slang or street term for a marijuana cigarette. Brenda responded that she didn't trust anyone. She then left the area where Officer Russ was seated. Officer Russ observed Brenda approach another bartender named Kathy. Kathy handed a rolled up napkin to Brenda and Brenda then walked back over to Officer Russ and handed the napkin to him. The napkin contained 0.975 grams of marijuana, a controlled substance under Chapter 893, Florida Statutes. On this particular evening, the lounge was approximately 3/4 full and had about 75 patrons. The employees on duty included three bartenders, two doormen, and a gentleman in the package store. The conversation with Brenda about drugs occurred in a low town of voice and could not be overheard by other patrons. Brenda attempted to conceal the transfer of the marijuana and there was no effort on Officer Russ's part to make the transfer obvious to anyone else. Brenda was not paid any money for the marijuana. On November 16, 1983, Officer Russ again went to the licensed premises and on this occasion, he was accompanied by Beverage Officer, Gloria Smith. They entered the lounge at approximately 9:30 p.m. and sat at the bar when Brenda was working mixing drinks. They talked with Brenda, and Officer Russ asked her if she could get a couple of joints for him and Smith. Brenda said she would see what she could do. During this conversation, there were patrons standing 2 or 3 feet behind Officers Russ and Smith. There were no seats on either side of them at the bar. Later that evening, Brenda delivered two joints of marijuana to Officer Russ. The joints were again rolled up in a napkin which Officer Russ did not open. Officer Ruff offered to pay Brenda for the marijuana and she refused to accept payment. This evening, the lounge was almost full and had approximately 100 patrons. There were three bartenders and two doormen on duty in the lounge. The napkins received from Brenda contained two rolled marijuana cigarettes containing 1.5 grams of Marijuana. No other employee participated in the drug transfer and the conversation about drugs was in a soft, low tone of voice. Officer Russ next returned to the licensed premises on November 18, 1983. He went to the lounge along an arrived at approximately 6:40 p.m. There were about 50 patrons in the lounge and Officer Russ took a seat at the back bar where Brenda was working. Of the approximately 50 patrons in the lounge about half of the patrons were in the back area. While seated at the bar, Officer Russ met Larry Mallon. During the conversation, Officer Russ told Mallon that he was looking for some marijuana. Mallon told him he had some and took a clear plastic baggie out of his right coat pocket and handed it to Russ. The marijuana was handed to Officer Russ just below the padded area of the bar. The transfer could have been seen by other persons in the lounge but was not visible to someone behind the bar. The plastic baggie contained 1.1 grams of marijuana. Russ did not pay Mallon for the marijuana. While seated at the bar, Russ also purchased 1 gram of cocaine from Mellon for $75. Mellon took the packet of cocaine from his right coat pocket and handed it to Russ. Russ then placed $80 on the bar and Mallon picked it up and handed him $5 in change. The cocaine transaction took place just as Officer Russ was about to leave the licensed premises. There was an employee present behind the bar approximately three (3) feet from Russ and Mallon when the drugs were transferred but Russ could not say whether the employee was looking at them or not. On this particular evening, Russ had no discussions about drugs with employees of the licensed premises. He left the licensed premises at approximately 9:00 p.m. Officer Russ had never met Larry Mallon. Officer Russ, along with Officer Smith, was next in the licensed premises on November 30, 1983. They entered the lounge at approximately 8:40 p.m. and took the same two seats at the same area of the bar where they had sat on the previous visit. Brenda was working behind the bar and Russ asked her if she had any amphetamines or uppers. She said she believed she-did have some and would look and see. Later, Brenda gave Officer Russ 2 tablets which she said were speed, but testing revealed they were not a controlled substance. He also asked Brenda if she could get some marijuana for Officer Smith. Brenda told Officer Russ that someone in the bar was selling marijuana for $100 an ounce and would break it down to quarter ounce for $30. Kathy, another bartender was present during the conversation about drugs and Brenda informed her that Officer Russ and Officer Smith were looking for some pot (marijuana) Later that evening, Officer Smith met a patron named Butch. Butch joined Officers Russ and Smith at the bar after Smith asked him across the bar about possibly obtaining marijuana. Butch told them he could get them a quarter ounce of marijuana for $30. Be said he would have to leave for about ten minutes but would return. He left and returned a short time later and stated to Officer Russ that he had the marijuana but wanted to make the transfer outside the car. Butch, Officer Russ and Officer Smith went out to the parking lot where Butch sold them 2 grams of marijuana for $30. Officers Smith and Russ returned to the lounge Russ asked Brenda if Butch could be trusted and if his marijuana was any good. She said Butch was o.k. During this conversation, a patron named Jim Bob was present. This particular evening, the lounge was crowded and loud music was playing. There were seven employees on duty in the lounge that night. While in the lounge, Officer Russ observed Brenda with a handful of red tablets and also observed a motorcycle gang type individual smoking what smelled like marijuana on the deck outside the back entrance of the lounge. Officer Russ next visited the licensed premises on December 3, 1983. Russ went to the lounge alone and sat at the bar where Brenda and Kathy were working. He began conversing with Brenda and Kathy and asked Kathy if she knew anyone he could get a quarter of an ounce of marijuana from. Kathy said she would look around and twice during the evening came back to Officer Russ and told him she was still looking. During the evening, Officer Russ also spoke to Butch and asked him if he was holding any drugs. Butch said he was not but that he should check the back porch, that there was someone usually smoking marijuana back there. Officer Russ did not obtain any drugs in the licensed premises this particular evening. Accompanied by Officer Smith, Officer Russ again returned to the licensed premises on December 7, 1983. They arrived at approximately 7:30 p.m. When they arrived, Fred Dillman, Jr., was seated at the front bar talking to Brenda. Officer Russ walked up to the bar and spoke to Brenda, who in turn introduced him to Fred Dillman. Later, after Russ went to the back bar, Brenda came back to the bar and began working behind the bar. Brenda told Russ she wanted to talk to him about her cousins in Bristol. She said her cousins had some good reefer (marijuana) and that she was going over to Bristol for the weekend. She asked if Russ wanted some of the reefer. Brenda initiated this conversation about drugs. While Russ was talking with Brenda, Larry Mellon was standing nearby. After Russ talked with Brenda, Larry Mellon began talking with him about the coke he had given him. Russ told Mellon he wanted to buy some reefer and Smith kept saying she wanted to buy coke. Russ told Mellon he wanted to buy $60 worth of reefer. Mellon then left the lounge with another man and moments later Mellon returned and handed a bag of marijuana to Russ. Russ had given the $60 to Mellon at the bar. The transfer of the money was very open and at the time the transfer took place, Brenda was behind the bar nearby. The baggie which Russ received from Mellon contained 9.9 grams of marijuana. Russ did not talk with any employee other than Brenda about drugs on this particular evening. At no time during the evening did Russ observe Dillman come into the back area of the lounge where Brenda was working. On Friday, December 9, 1983 Officer Russ returned to the licensed premises. He arrived at approximately 8:00 p.m. and went to the back area of the bar where Brenda was working. Officer Russ talked with Brenda about the marijuana she was going to get in Bristol and eventually he asked her if she had any speed. Brenda then took two capsules out of her purse and handed them to Officer Russ. When she retrieved the two capsules from her purse, she placed her purse on the bar and took out medicine vials. She looked in the vials until she found what she was looking for. She handed the two capsules across the bar to Officer Russ. Officer Russ had already received his drink and when he gave her the money, the only thing he received across the bar were the two capsules. The two capsules were phentermine, a controlled substance under Chapter 893, Florida Statutes. Officer Russ gave Brenda $10 for the two capsules and she reluctantly accepted the money. When she took the money, Brenda said she would get the prescription refilled and share them with Officer Russ. On this particular evening, there were approximately 35 to 40 patrons in the lounge and 4 or 5 employees on duty. On December 14, 1983, Officers Russ and Smith went to the licensed premises. Brenda was working that evening and Officers Russ and Smith took seats at the bar where she was working. They talked with Brenda and Officer Russ asked her if she could get them something. Brenda then went over to a male patron seated at the bar across from Officers Russ and Smith and talked with him briefly. She reached into the man's right shirt pocket and took out a small amount of marijuana wrapped in a clear plastic material like Saran wrap. Brenda then walked over and handed the packet to Officer Russ. The packet contained .9 grams of marijuana. That same evening, Officer Russ talked with one of the doormen named Hank (aka Hank the Tank) . The conversation took place at the back wall next to the juke box. Russ asked Hank if he knew where he could get some cocaine. Hank said he would check for him. Later that evening, Hank came back to Russ and said that everyone was out but that they would be getting some the next day. There were approximately 75 patrons in the lounge this night and there were approximately 7 employees on duty. On December 16, 1983, Officer Russ returned to the licensed premises. He was accompanied by Barbara Brown, a Callaway police officer. They entered the lounge at approximately 8:25 p.m. and took seats at the beck bar where Brenda was working. There were approximately 50 to 70 patrons in the lounge and 6 employees on duty. While seated at the bar, Officer Russ talked with Brenda, who at one point placed her purse on the bar and searched through several medicine vials just as she had done on a prior occasion. She then handed Officer Russ a yellow capsule similar $0 the ones he had received before. Russ did not pay Brenda any money for the capsule. The capsule was phentermine, a controlled substance under Chapter 893, Florida Statutes. This evening, Officer Russ also spoke with a doorman or bouncer on duty named Kevin. He asked Kevin if he could get him some marijuana. Kevin said Tallahassee was dry and that he had not had a joint in 3 days. Kevin, at the time of the formal hearing, was no longer employed by the Respondent. On his next visit to the licensed premises, Officer Russ was accompanied by Officer Smith. This visit occurred on December 21, 1983. There were between 50 and 75 patrons in the lounge and 5 employees on duty. Officer Russ spoke with one of the barmaids on duty about Kevin. Russ also asked her if she knew where he could get a joint. She said she did not, and suggested he talk to Cindy the bartender at the front bar. Brenda was not working this particular evening end Cindy was working at the front and back bar. Cindy was working at the back bar at that time and Russ spoke with her about the availability of drugs. Cindy told Officer Russ that she had a friend who would be returning with some Hawaiian marijuana. Larry Mellon overheard the conversation and told Cindy and Russ that the guy she was referring to wasn't coming back but was going to Chi-Chi's and then-home. Russ then began talking with Larry Mellon and Jim Bob Kitchen joined them. During the conversation, Jim Bob handed a marijuana cigarette to Officer Smith who then handed it to Officer Russ. The exchange occurred at approximately 10:00 p.m. The marijuana cigarette looked like a rolled marijuana cigarette and contained .2 grams of marijuana. This same evening, Officer Russ was introduced by Butch (whom he had met previously) to a woman named Melinda. Officer Smith had earlier been introduced to Melinda by Butch and was told that Melinda had some marijuana to sell. Officer Russ discussed buying some marijuana from Melinda, and Russ, Smith, and Melinda then went outside the lounge to the parking lot where Melinda sold 11 grams of marijuana to Officer Russ for $30. Officer Russ had never met Melinda before. On Wednesday, December 28, 1983, Officer Russ returned to the licensed premises. Brenda was working at the back bar and Russ took a seat at that bar. Russ asked Brenda if she had gotten the marijuana in Bristol. She said she had not but that she had gotten some more pills from her doctor in Quincy. She said she had marijuana and pills in her car and that she had taken some really good cocaine earlier in the evening. Russ asked Brenda if she had any of the cocaine left and she said she did. Brenda offered to sell Russ some of the cocaine for $75. This discussion took place at the bar with Larry Mellon and Jim Bob Kitchen present. While he was seated at the bar, Brenda got her purse and went to the doorway located next to the little short bar. She took out some pill bottles and in a few moments returned to Russ and gave him an envelope. As she handed him the envelope, Brenda stated she had put the other stuff in there too. The envelope was handed across the bar in open view. The envelope contained 15 capsules of phentermine and a triangular shaped packet of cocaine. Larry Mellon was standing nearby when the transfer occurred and asked Russ what they were doing. Russ said, "Nothing." Larry then stated that he knew what they were doing and that he had seen money change hands and had seen the envelope. After he received the envelope, Russ again asked Brenda about getting some marijuana. Brenda then left the bar through the front door and returned shortly through the same door with a brown bag in her hand. She handed the bag to Officer Russ who then put the bag in his beck pocket. The bag contained .2 grams of marijuana. On January 4, 1984, Officer Russ went to the licensed premises alone. When he arrived, there were very few patrons in the bar and Brenda was seated at the back bar with her feet up. The other bartender, Kathy, was also present. Officer Russ talked with Brenda and Kathy and jokingly asked Kathy if she would like to run a couple of lines of cocaine on the bar. Be also asked Brenda if she had been to Bristol yet. Brenda responded she had but not far enough to get the marijuana. Cindy came back from the front bar and spoke to Brenda, and Russ asked Cindy if her friend with the Hawaiian stuff had come back. Cindy responded, "No." Brenda brought up the subject of pills and placed her purse on the bar end looked at several medicine vials. She took some pills out of one of the vials and placed them in a napkin and handed the napkin to Russ. Russ told Kathy that Brenda had just given him some speed and did she want some. Brenda responded by saying, "Kathy wants coke." Russ then told Cindy that Brenda had given him some speed end did she want to go outside and have some. There were a total of four employees on duty in the lounge this night. There were no doormen working. There were approximately 20 patrons in the lounge. The ten white capsules which Officer Russ received from Brenda were methyephenidate a Schedule II controlled substance under Florida law. Officer Russ's lest visit to the licensed premises was on January 6, 1984. Russ entered the lounge alone and as he entered, he spoke -with Kathy, Cindy and another bartender named Pam. Russ went to the back bar where Brenda was working. He obtained some pills from Brenda. These pills were handed across the bar to Russ and were not in any type of container. Prior to this transfer, Russ had been talking to a patron named Bucky about drugs and pills. As she handed Russ the pills, Brenda stated that she did not have anything to put them in and that she was going to take one herself. Russ told her to give Bucky one and she did. Russ then gave Brenda $20 and told her that she could get the prescription refilled and share them with him. Russ left the licensed premises about 8:55 p.m. and as he was leaving, he spoke to the two doormen. He first asked them where Hank was and they said, "Osceola Hall." Russ then told them that he had just gotten some speed and that he was going outside to take some. The two doormen just laughed. Neither of them asked him to leave. Mr. Fred Dillman was observed in the licensed premises on only one of the 14 evenings Officer Russ was in the lounge. Sometime in October, Mr. Dillman injured his hand and lost a finger in an accident on his farm. Because of this injury he was in the lounge less than he normally would have been in November and December. Mr. Leonard Coffee is the manager of the licensed premises. He manages Fred's Back Door Lounge and another lounge owned by the Respondents. He has worked as manager for 11 or 12 years and has worked in the liquor business off and on since 1955. He divides his work hours between Fred's Back Door Lounge and the other lounge he manages. Mr. Coffee was never informed by any employee that Brenda was dealing drugs in the lounge. It was not established how much of the manager's time is spent in each lounge. Mr. Coffee testified that he instructed all employees to call the police then report to them if they saw anyone with drugs in the lounge. However, only one of three bartenders who testified recalled having been instructed to report drug problems to the manager. Several employees had been approached about drugs and did not report this information to the manager or the owner. One employee, Walter Humphries, had detected a strange odor in the lounge on prior occasions and hand thrown out people in the area of the odor. On one of his visits, Officer Russ also smelled what he considered to he marijuana smoke inside the lounge. There was no clear policy established or communicated to the employees as to what they were to do if they detected drugs being used or sold on the licensed premises. Mr. Coffee testified that he told the employees to call the police end inform him if there were any drugs detected on the licensed premises. However, the employees were not aware of this policy and did not follow the policy. There were no instructions given to employees regarding the detection of drugs and what they should look for in observing and supervising the licensed premises. There were no regular employee meetings where problems or potential problems in the lounge such as drugs were discussed. At the time each employee is hired, they are interviewed and are asked for prior work references. They are not required to fill out an application and are not asked whether they use drugs. No signs were observed in the lounge prohibiting the use or possession of drugs. Approximately two years ago, Respondent, Fred Dillman, 11, was informed by his attorney that the District Beverage Captain had received information that Brenda was selling drugs at the licensed premises. Mr. Dillman confronted Brenda with this information and she denied any involvement with drugs. Brenda, at that time, had been a good employee without any problems at work for seven years. He did not terminate Brenda but asked Mr. Coffee and another employee, Mr. Poulis, to keep an eye on Brenda. Mr. Poulis works in the liquor store from 6:00 p.m. to 10:00 p.m. and then works in the lounge until closing time at 2:00 a.m. Prior to his accident in October, Mr. Dillman was in the lounge more at night. Mr. Dillman's father and mother do not go-to the lounge at night. The patrons of the lounge are almost entirely college age. Mr. Dillman had received information that patrons were smoking marijuana on the back deck of the lounge and that the bikers were dealing drugs on the deck. Approximately one month ago, he instructed his bartenders to stop serving the bikers. Mr. Dillman was aware that drugs were likely to be present in a primarily college age crowd. Fred's Back Door Lounge has a reputation in the community as an establishment where drugs could be obtained. The Respondents do not approve of or condone use of drugs in the licensed premises or elsewhere. Neither the Respondents nor the manager, Mr. Coffee, were aware that Brenda was selling drugs on the licensed premises.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That Petitioner enter a Final Order finding Respondents guilty of the violations as set forth above and suspending the Respondent's license for a period of 90 days and impose a civil penalty of $10,000. DONE and ORDERED this 23rd day of January, 1984, in Tallahassee, Florida. MARVIN E. CHAVIS, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of January, 1984. COPIES FURNISHED: Howard M. Rasmussen, Director Division of Alcoholic Beverages and Tobacco 725 South Bronough Street Tallahassee, Florida 32301 James N. Watson, Jr., Esquire Staff Attorney Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 James P. Judkins, Esquire P.O. Box 10368 Tallahassee, Florida 32302 Marion D. Lamb, Jr., Esquire P.O. Box 1778 Tallahassee, Florida 32302
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: At all times relevant to these proceedings, Respondent, doing business as The Knight Out, was the holder of alcoholic beverage license number 72-79, series 1-COP. Prior to the hearing . . . in this cause, Respondent had turned in his license to the Petitioner. To the rear of the licensed premises, Respondent operated a bottle club known as The Knight Club. The Knight Club is attached to and shares restroom facilities with The Knight Out. On March 27, 1975, Respondent was served with a "Notice to show cause why beverage license should not have civil penalty assessed against it or be suspended or revoked" on the grounds that on Sunday, January 26, 1975: his employee, Vicki Lynn Williamson, at approximately 2:00 am., did sell at the licensed premises, an alcoholic beverage, a can of Budweiser beer, to beverage officer L. E. Williams during the time that the sale and consumption of alcoholic beverages is prohibited, in violation of City of Perry Ordinance 394 enacted pursuant to F.S. s. 562.14; at approximately 4:00 a.m., he sold at the licensed premises an alcoholic beverage, one can of Budweiser beer, to beverage officer Williams in violation of City of Perry Ordinance 394; at approximately 5:00 a.m., he sold at the licensed premises an alcoholic beverage, one can of Budweiser beer, to beverage officer Williams in violation of City of Perry Ordinance 394; at approximately 6:05 a.m., he refused to admit to the licensed premises beverage officer Jack Garrett, while in the performance of his official duties, contrary to F.S. s. 562.41; and at approximately 6:05 a.m., he had in his possession, custody and control, at the licensed premises a partially full 4/5 quart of Smirnoff Vodka, an alcoholic beverage not authorized to be sold by him, in violation of F.S. s. 562.02. Beverage officer L. E. Williams went to The Knight Out the weekend of January 24, 1975, in order to conduct an undercover investigation of the licensed premises. He observed the Respondent, between 11:30 p.m. and 12:00 a.m. on January 24th, remove four cases of beer from The Knight Out and place them into a small room in The Knight Club portion of the premises. At about 1:00 a.m. on January 25th, Williams paid a $2.00 cover charge, entered The Knight Club and remained there until 6:00 a.m. On Saturday night, January 25th, beverage officer Williams again went to The Knight Out and, at about 11:30 p.m., again observed Respondent moving five cases of beer from The Knight Out to the rear portion, The Knight Club. Williams entered The Knight Club during the early hours of January 26, 1975, carrying a can of beer with him. He left at approximately 2:30 a.m., met with other beverage agents, and returned to The Knight Club at about 3:45 a.m., paying the cover charge of $2.00. At 4:00 a.m. and again at 5:00 a.m. on January 26, 1975, Williams purchased from Respondent Poppell cans of Budweiser beer at seventy-five cents per can. Williams retained control of the two beer cans and at about 6:30 a.m. he tagged them as evidence. They were admitted into evidence at the hearing as Exhibits 4 and 5. At approximately 6:05 a.m. on January 26, 1975, beverage officer Jack Garrett, along with several other law enforcement agents, knocked on the front door of The Knight Club seeking entrance thereto. Respondent told Garrett to get in front of the peephole on the door so that he could see who was there. Garrett, who had known Respondent for some fifteen years, testified that he showed his identification card to Respondent through the peephole, whereupon Respondent replied that he would not let him in. Beverage officer T. A. Hicks, present with Garrett at the time, confirmed these events. Respondent and two other witnesses present at the scene testified that Respondent asked the persons at the front door to identify themselves, but that no response was received. Shortly thereafter, Officer Garrett, along with other law enforcement officers, went around to the other side of The Knight Club and entered, without knocking, the ladies rest room which led to the inside of The Knight Club. Once inside, they met Respondent leaving a small room with a handful of liquor bottles. One such bottle was seized - - a partially filled bottle of Smirnoff Vodka - - and was received into evidence at the hearing as Exhibit 6. Shirrell Woodalf testified that she had come to The Knight Out on the morning in question with another couple. When the other couple left, they gave her their bottle of Smirnoff Vodka. She then gave the bottle to Respondent to keep for her in his office. Woodalf identified Exhibit 6 as being the same bottle as that left with her and given to Respondent. Four witnesses who often frequented The Knight Club testified that patrons of the Club always brought their own beer or other alcoholic beverages into the Club. Respondent would cool their beer for them and keep their bottles in his office if they so desired. Respondent sometimes charged a small fee for cooling the beer and he sold setups for mixed drinks. These four witnesses never saw Respondent sell either beer or other alcoholic beverages in The Knight Club.
Recommendation Based upon the findings of fact and conclusions of law recited above, it is recommended that: Paragraphs 1 and 5 of the notice to show cause be dismissed; Respondent be found guilty of violating F.S. ss. 562.14 and 562.41, as set forth in paragraphs 2, 3 and 4 of the notice to show cause; and Respondent's alcoholic beverage license be revoked. Respectfully submitted and entered 26th day of May, 1976, in Tallahassee, Florida. DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Mr. Charles Nuzum Director Division of Beverage 725 South Bronough Street Tallahassee, Florida Charles Tunnicliff, Esquire Department of Business Regulation 725 South Bronough Street, Room 210 Johns Building Tallahassee, Florida 32304 Conrad C. Bishop, Jr., Esquire Weed & Bishop P.O. Box 1090 Perry, Florida 32347
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
The Issue The issue in this case is whether the Petitioner, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco (DABT), should revoke, suspend, or otherwise discipline the alcoholic beverage license number 13-153, Series 5-COP, issued to the Respondent, Tupelo Management, Inc., doing business as Pastime, a bar located at 3602 West Highway 98, Panama City, Florida, upon the following grounds alleged in DABT's Notice To Show Cause issued May 2, 1984: On or about March 7, 1984, you, Tupelo Management, Inc., d/b/a the Pastime, licensed under the beverage laws, your agent, servant or employee, to wit: Margie, did violate F.S. 561.29(1)(a), to wit: did sell or deliver marijuana to Investigator Moore on your licensed premises in violation of F.S. 893.13. On or about March 12, 1984, you, Tupelo Management, Inc., d/b/a the Pastime, licensed under the beverage laws, your servant, agent or employee, to wit: Margie, did violate F.S. 561.29(1)(a), to wit: did sell or deliver marijuana to Detective Moore on your licensed premises in violation of F.S. 893.13. On or about March 23, 1984, you, Tupelo Management, Inc., d/b/a the Pastime, licensed under the beverage laws, your agent, servant or employee, to wit: Teresa, did violate F.S. 561.29(1)(a), to wit: did deliver marijuana to Investigator Moore on your licensed premises in violation of section 893.13. On or about March 26, 1984, you, Tupelo Management, Inc., d/b/a the Pastime, licensed under the beverage laws, your agent, servant, or employee, to wit: Margie, did violate F.S. 561.29(1)(a), to wit: did sell or deliver marijuana to Investigator Moore and Officer Russ on your licensed premises in violation of Section 893.13. On or about April 2, 1984, you, Tupelo Management, Inc., d/b/a the Pastime, licensed under the beverage laws, your servant, agent or employee, to wit: Margie, did violate F.S. 561.29(1)(a), to wit: did sell or deliver marijuana to Investigator Moore and Officer Russ on your licensed premises in violation of Section 893.13. On or about April 9, 1984, you, Tupelo Management, Inc., d/b/a the Pastime, licensed under the beverage laws, your servant, agent or employee, to wit: Margie, did violate F.S. 561.29(1)(a), to wit: did sell or deliver marijuana to Investigator Moore and Officer Russ on your licensed premises in violation of Section 893.13. You, Tupelo Management, Inc., d/b/a the Pastime, licensed under the beverage laws, between March 7, 1984 and the date of service of this Notice to Show Cause have maintained a public nuisance on your licensed premises, to wit: a place or building which is visited by persons for the purpose of unlawfully using, keeping, selling and/or delivering controlled substances in violation of Chapter 893, Florida Statutes, such being a violation of: (a) Florida Statutes 823.10 and 561.29(1)(c); (b) Florida Statutes 823.01 and 561.29(1)(a). You, Tupelo Management, Inc., d/b/a the Pastime, licensed under the beverage laws, between March 7, 1984 and the date of this Notice to Show Cause have maintained your licensed premises as a place resorted to by persons selling controlled substances in violation of Chapter 893, Florida Statutes, in violation of Sections 893.13(2)(a)5 and 561.29(1)(a), Florida Statutes.
Findings Of Fact Based on the testimony of the witnesses and the exhibits admitted in evidence at the hearing, I make the following findings of fact: At all times relevant and material to this case, Tupelo Management, Inc., has been the holder of alcoholic beverage license number 13-153, Series 5- COP, issued for the premises known as the Pastime, located at 3602 West Highway 98, Panama City, Florida. Mr. John Michael Whitfield is, and was at all relevant and material times, the president of Tupelo Management, Inc. Mr. Whitfield and his wife own all of the stock of Tupelo Management, Inc. Mr. Whitfield first opened the Pastime on May 18, 1977. At that time it was a small beer and wine bar with five pool tables. Over the years the business grew and in August of 1983 Mr. Whitfield purchased a 5-COP license for the Pastime. Prior to the events giving rise to this case, the Pastime had only been cited by the DABT for two violations. The first violation occurred during the first year of Pastime's operation. It concerned the wording of an advertisement on the exterior of the building. A DABT agent wrote a report or citation and the sign was promptly removed. No penalty was imposed as a result of that event. The second violation occurred during January of 1984. On that occasion the DABT agents found two minors on the licensed premises. The January 1984 violation was resolved by stipulation, pursuant to which Tupelo Management, Inc., paid a civil penalty in the amount of $250.00. The Bay County Sheriff's Department began an investigation of the Pastime in March of 1984 on the basis of information that illegal drug activity was occurring on the licensed premises. Mr. Floyd M. Moore, Jr., an investigator with the Bay County Sheriff's Department, went to the licensed premises the evening of March 7, 1984. Investigator Moore was introduced by a confidential informant to a waitress named Margie Adams, who was employed on the licensed premises. Investigator Moore asked Margie Adams if she could obtain some marijuana and she answered in the affirmative. Investigator Moore left the premises and returned at approximately 7:45 P.M. that same evening. He made contact with Margie Adams again. Margie Adams made a telephone call and then told Investigator Moore the marijuana would be there a short time later. At about 8:45 P.M. Margie Adams asked Moore how the transaction could be made. At Moore's suggestion they went to a table on the licensed premises and Margie Adams handed Investigator Moore a clear plastic bag containing marijuana. The plastic bag was covered when it was given to Investigator Moore. Investigator Moore paid Margie Adams $35.00 for the marijuana. On March 12, 1984, at approximately 7:45 P.M. Investigator Moore and Beverage Officer Rodney Russ entered the Pastime. After Investigator Moore introduced Margie Adams to Russ, Margie asked Moore if he had liked what she had previously sold him and agreed to get another bag for Moore, stating that it would just take a phone call. Margie spoke to a female waitress for a few minutes, after which she went behind the bar and made a telephone call. She thereafter returned to the officers and stated that the marijuana would arrive in approximately 30 minutes and asked that Investigator Moore pay her at that time to avoid confusion when it arrived. Investigator Moore gave Margie $35. At approximately 8:45 P.M. Margie told Investigator Moore that the merchandise had arrived and asked him to walk to the end of the bar. Moore went to the end of the bar located next to the dart board, where there was a lot of activity and numerous people, and Margie handed him a white paper napkin covering a plastic baggie of marijuana. On the evening of March 19, 1984, Investigators Moore and Russ returned to the Pastime. The officers each ordered one-quarter ounce of marijuana from Margie Adams but she stated that the person she was getting it from was not home so it would take some time. The officers observed Margie making a phone call, after which she told them that it would be approximately one hour before she could deliver. The officers left the Pastime and returned at approximately 9:00 P.M. The officers entered into a conversation with a male patron who told them there was a man in the pool room trying to sell marijuana. Investigator Moore told the patron to tell the man in the pool room that they were interested in buying. The patron went to the pool room and spoke to a male, who later came over to the officers and introduced himself as George. George (who was later identified as George W. Osborne) told the Officers that he had heard they were interested in buying, and Moore explained that they had ordered one-quarter ounce each but it did not look like it was going to arrive. George stated that he could sell them one-quarter ounce for $35.00 and the officers agreed to buy it. George left the officers and went to speak with Margie Adams. He returned shortly and asked the officers if they were getting their marijuana from Margie Adams. Russ stated that he would rather not say, and George said it was okay because he and the waitress were getting from the same person and that he and Margie had discovered that they were each ordering for the same persons. Russ told Margie that he did not want to cut her out of a sale, and she stated that it was okay to buy from George, that it was just like buying from her and she would get credit for the sale. During the time that Russ was talking to Margie, George handed Investigator Moore an orange tablet which he stated was a Preludin. Shortly thereafter, the officers and George walked outside to a motorcycle parked near the door and George laid two plastic baggies containing marijuana on the seat of the motorcycle. Each officer obtained one of the baggies of marijuana and each paid George 535.00. On March 22, 1984, Investigators Moore and Russ returned to the pastime. Margie was not on duty that night. Moore and Russ spoke to two waitresses who were on duty, Karen and Sionna, and told the waitresses they had purchased marijuana from George and were waiting to buy some more from him. The officers asked Sionna if George was an all right guy to deal with and she said that he was. Later that evening when George entered the Pastime he spoke to Sionna and then went back outside where the officers observed him talking to customers near the front door. A few minutes later George approached the officers and asked how they had liked the marijuana he had sold them. The officers said it had been fine and they asked George if he could obtain some more marijuana and some more "speed" or Preludin. George said he could obtain both and he left the premises on his motorcycle. When George returned he approached Investigator Russ and handed him five orange tablets which were supposed to be "speed" or Preludin. Investigator Russ paid George $25.00 for the tablets. George told the officers he had been unable to obtain marijuana, but would have some the following morning. The five tablets sold to Investigator Russ were later tested and found to contain caffeine, but they did not contain any controlled substances. On March 22, 1984, Detective Jonathan McNeil and Investigator Pam Hellett were also at the Pastime. They were seated at a booth with other officers. A male who identified himself as Phillip (later identified as Leroy Phillips) sat with the officers for a while. He got up to leave and told Detective McNeil that he would be back, he just needed to find something for his head. When he returned, McNeil asked Phillips where he could get something for his head and Phillips got up and said that he would go see his sister, he knew she had something. Phillips later identified his sister as Gloria, the manager of the Pastime. When Phillips returned to the table, he pulled a package of cigarettes from his pocket and showed Detective McNeil two small white square pieces of paper under the cellophane portion and stated that they were two hits of acid. McNeil paid Phillips $10.00 and took the two pieces of paper and inserted them into his cigarette package. Phillips told McNeil that the acid was "Mr. Natural." The pieces of paper were subsequently tested and found to contain LSD. The male previously identified as George came and sat with the officers and they began discussing whether a man seated at the next booth was a police officer. Investigator Hellett said to George, "Hurry up and give me everything you have," and George reached into his jacket and removed several orange tablets and some marijuana, which he placed in Investigator Hellett's lap. Hellett told George that she did not accept anything that she did not pay for and he asked how much she would like to buy. Detective McNeil asked George how much he was selling the tablets for and he stated that he would sell them to the officers for $3.00 apiece although he had sold them to other Persons for $5.00. McNeil agreed to buy five tablets and, in an attempt to be discreet, handed George $15.00 under the table. George handed the tablets to McNeil under the table, although McNeil stated that he was the only one trying to be discreet about the transaction. Investigator Hellett bought seven tablets from George in exchange for $21.00. George gave Investigator Hellett a small amount of marijuana and told her to try it and see if she liked it. The substance given to Investigator Hellett was subsequently tested and found to be marijuana, and the pills were tested and found to contain caffeine, but not to contain any controlled substance. Late in the morning on March 23, 1984, Investigator Moore went to the licensed premises to obtain the marijuana previously promised by George. George was not at the Pastime, and Moore talked to the bartender Teresa about being there to obtain marijuana from George. Teresa stated that George was probably getting it from "us." After conversing with Teresa about other drug transactions, Moore told Teresa that it looked like George was not going to arrive and Teresa stated that she would give him some. She put her purse on the bar and removed from it a small portion of marijuana and placed it in a napkin lying on the bar. Investigator Moore observed Mr. Michael Whitfield and his wife on the licensed premises, but neither of them were in sight at the time Teresa placed the marijuana on the napkin. Moore also talked to Teresa about cocaine and she said she could obtain some for him for $100.00 a gram. On March 26, 1984, Investigators Moore and Russ returned to the Pastime. They asked the waitress Margie Adams if she could get them a quarter ounce of marijuana. At first she said she could not, because she said she had had a fight with her supplier. Later she said she could obtain some marijuana from someone else, but that she did not know anything about the quality of the marijuana. The officers told Margie that they would trust her judgment on the matter. Investigator Russ paid Margie $40.00 for the marijuana, $5.00 of which was a tip for her. At about 8:55 P.M. that evening Margie Adams approached Investigator Moore. She had a napkin on a tray and told Moore that it was in the napkin. Investigator Moore took the napkin from the tray. Inside the napkin was a small plastic bag containing marijuana. On April 2, 1984, Investigators Moore and Russ returned to the Pastime. The waitress Margie Adams told the officers that she was leaving at 8:00 P.M. and Investigator Russ advised her that they would like to purchase one-quarter ounce of marijuana before she left. Margie stated that she would see what she could do and later came over and said that she had arranged for some marijuana to be delivered and that if it did not arrive before she left, one of the other waitresses would deliver it to them. A short time later Margie returned and showed Investigator Russ a towel on her tray. A plastic baggie of marijuana was under the towel. Investigator Russ took the plastic baggie of marijuana and paid Margie for it. Then he placed the baggie on the table and both investigators wrote their initials on it. On April 9, 1984, Investigators Moore and Russ returned to the Pastime. Margie Adams approached the officers and Russ asked whether she could get them some more of the same marijuana. She said she could and asked how much they wanted. The officers openly discussed the amount to be purchased and agreed upon one-half ounce, which Margie stated would be cheaper than purchasing two one-quarter ounces. Russ asked Margie if she could get some LSD or acid. Margie later came over to the officers and stated that the marijuana had arrived but that she could not deliver it because an undercover officer was seated at the bar. Margie later returned and sat beside Moore and handed him a white napkin covering a clear plastic baggie of marijuana. The officers paid her for the marijuana. Margie told them that she had not been able to get any acid. Investigator Russ told her he would be in town later on and would like to have a couple of hits of acid. On April 11, 1984, Investigator Russ went to the Pastime and asked Margie Adams if she had been able to obtain any acid or LSD. Margie said she had been unable to get it yet. Russ told her he was going to Montego Bay (another bar) and Margie said that if she was able to get the acid she would bring it to him at Montego Bay later that night. Russ paid her $20.00 for three hits of acid at $5.00 each, plus $5.00 as a tip for her. On April 16, 1984, Investigators Moore and Russ entered the Pastime to find out if Margie Adams had been able to obtain the acid Investigator Russ had paid her for. Margie was not present when the investigators arrived. When she came in later, she told the officers she had been unable to obtain the acid since she had been out of town for her grandmother's funeral. George Osborne was on the premises and Investigator Moore asked George if he had a quarter- ounce of marijuana to sell. George stated that he could get it for them in a few seconds. George left and returned shortly, motioning to investigator Moore to follow him. Moore followed George to the restroom and George handed Moore a plastic baggie containing marijuana. As Moore was examining the baggie, two white males entered the restroom, observed George and Moore, commented on how nice the marijuana looked, and asked how much it cost. Officer Moore paid George $45.00 for the marijuana and returned to the table and handed the baggie to Russ. Russ opened the baggie in plain view of other patrons and smelled the contents. Margie Adams, who was waiting on another nearby table, observed the bag of marijuana and commented to the investigators that she saw that they had gotten what they were looking for. Russ then put the baggie of marijuana in his shirt pocket so that half of it was visible and visited around the bar for several minutes. One patron told Russ that he was about to lose something out of his pocket. On April 25, 1984, Investigators Moore and Russ entered the Pastime again. They asked Margie Adams if she had been able to obtain the acid Russ had paid her for. Margie told the investigators she had been unable to obtain the acid. Investigator Moore contacted George Osborne and asked whether George could get the officers a quarter-ounce bag of marijuana and also asked how long it would take. Shortly thereafter George and the two investigators walked outside to George's motorcycle and George removed from his shoe a wallet containing two plastic baggies. As George handed Moore one of the baggies, a white male walked up. George asked what he wanted and he said he wanted a bag. George went inside to make change for the $40.00 Moore had given him. While George was inside the white male said that he had been told to go to the Pastime if he wanted drugs. George returned with Moore's change and then walked around to the back of the establishment with the white male. The baggie George had handed to Moore contained marijuana. In brief summary of the foregoing, during the 7-week period from March 7, 1984, through April 25, 1984, the following events occurred on the licensed premises: 3/07/84 Employee Margie Adams sold marijuana to Investigator Moore. 3/12/84 Employee Margie Adams sold marijuana to Investigator Moore. 3/19/84 Employee Margie Adams agreed to sell marijuana to Investigator Moore and Russ, but she did not sell them anything that day. 3/19/84 Patron George Osborne, with the knowledge of employee Margie Adams, agreed to sell marijuana to Investigator Moore and Russ. (The actual sale took place outside the licensed premises.) 3/22/84 Patron George Osborne, with the knowledge of employee Sionna, agreed to sell marijuana and "speed," or Preludin to Investigators Moore and Russ, and actually sold 5 tablets to Investigator Moore which were supposed to he "speed," or Preludin. 3/22/84 Patron Leroy Phillips sold fro tabs of LSD to Detective McNeil. 3/22/84 Patron George Osborne gave some marijuana to Investigator Hellett, sold 7 tablets that were supposed to be "speed," or Preludin to Investigator Hellett and sold 5 of the same tablets to Detective McNeil. 3/23/84 Employee Teresa gave some marijuana to Investigator Moore and told him she could obtain cocaine for him. 3/26/84 Employee Margie Adams sold marijuana to Investigators Moore and Russ. 4/02/84 Employee Margie Adams sold marijuana to Investigators Moore and Russ. 4/09/84 Employee Margie Adams sold marijuana to Investigators Moore and Russ and agreed to sell Russ some LSD. 4/11/84 Employee Margie Adams agreed to sell LSD to Investigator Russ and accepted payment for same, but did not deliver anything to him that day. 4/16/84 Patron George Osborne, with the knowledge of employee Margie Adams, sold marijuana to Investigator Moore. 4/25/84 Patron George Osborne agreed to sell marijuana to Investigators Moore and Russ. (The actual sale took place outside the licensed premises.) The vast majority of the drug transactions described above were accomplished in a relatively discreet manner. Most of the transactions took place in a booth and involved delivery of marijuana that was covered with a towel or a napkin. During the period of the investigation which led up to this case, the police officers and DABT investigators did not see any illegal drug usage or any illegal drug transactions on the licensed premises other than the ones they were personally involved in. Mr. John Michael Whitfield, the President of Tupelo Management, Inc., and co-owner with his wife of all of the corporation's stock, takes an active role in the management of the business because it is his family's sole source of income. He usually visits this licensed premises six days per week and he spends between 40 and 50 hours per week at the licensed premises. Mr. Whitfield is well educated. His formal education includes a Bachelor of Science degree in Social Welfare and a Master's degree in Social Work, both from Florida State University. After receiving his Master's degree, Mr. Whitfield was employed for three years as the Assistant Director of the Mental Health Center in Panama City, Florida. Thereafter he also worked for a year as Director of the Gerontology program at the same Mental Health Center. His work at the Mental Health Center included work in the area of drug abuse and alcoholism programs. Mr. Whitfield has never used any type of illegal drugs and is opposed to the use of illegal drugs by others. Mr. Whitfield has a very responsible attitude towards the fulfillment of his obligations and responsibilities as an alcoholic beverage licensee. For example, prior to January 1984, Mr. Whitfield had always used his own employees as doormen to check identification of patrons. Immediately after two minors were found on the licensed premises in January of 1984, Mr. Whitfield not only fired the doorman who was on duty that night, but arranged with Florida Security Service to provide extra uniformed security personnel to check the identification of patrons. When Mr. Whitfield met with DABT representatives concerning the problem with the two minors, he was advised that the two major priorities of the DABT were minors and drugs. Mr. Whitfield had several meetings with all of his employees in which he told them explicitly that he did not want to have any problems with minors or drugs on the licensed premises. He told all of the employees that they would be fired if they were responsible for any problems on the licensed premises related to minors or drugs. He also told the employees they would not be given any second chances about such matters, but would be fired for a first offense. Prior to May 2, 1904, when the Notice To Show Cause was served on the Pastime, Mr. Whitfield had never seen anything that caused him to suspect there was a drug problem at the Pastime. The security service never told him that there was a drug problem at the Pastime or that they suspected a drug problem. The uniformed police officers who walked through the Pastime practically every night never told him he had a drug problem on the licensed premises. Mr. Whitfield usually requires prospective employees to fill out a written application form. He usually does not check references, but he usually does check with prior employers. Mr. Whitfield will not hire people who have previously worked in what he considers to be dives. His usual employment practices notwithstanding, Mr. Whitfield has occasionally failed to require a written application and has occasionally failed to check the background of new employees. Some of the employees and former employees he failed to check were the causes of the present charges against Mr. Whitfield. One former employee whose background was not checked was George Osborne. Mr. Whitfield has barred several patrons in the past for improper conduct on the licensed premises and he has barred a suspected drug dealer from patronizing the Pastime. The DABT sent a letter to all alcoholic beverage licensees in south Florida in March of 1984 advising them of the DABT's priorities. The main priorities were the prevention of sales of alcoholic beverages to minors and the prevention of illegal drug activities on the licensed premises. The letter was not sent to alcoholic beverage licensees in north Florida, but will be sent to them later.
Recommendation For all of the foregoing reasons I recommend that the Division of Alcoholic Beverages and Tobacco enter a Final Order finding that the Respondent has violated Sections 561.29(1)(a) and (c), Florida Statutes, ordering the Respondent to pay a civil penalty of five hundred dollars ($500.00) for each of the violations charged in the first six paragraphs of the Notice To Show Cause (a total of three thousand dollars), and suspending the Respondent's alcoholic beverage license for a period of six months. DONE and ORDERED this 29day of October, 1984, at Tallahassee, Florida. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of October, 1984.
