The Issue Whether or not on or about May 11, 1979, on his licensed premises, Albert Parrish, while being directly in charge of these premises, did unlawfully permit persons to play games of dice and cards for money, in violation of Section 849.01, Florida Statutes, and Section 561.29, Florida Statutes. Whether or not on or about June 1, 1979, in his licensed premises, the Petitioner, Albert Parrish, did unlawfully maintain a house, booth, tent, shelter or other place, to wit: The Red Honey, 835 East Brownlee Street, Starke, Bradford County, Florida, for the purpose of gaming or gambling, in violation of Section 849.01, Florida Statutes, and Section 561.29, Florida Statutes.
Findings Of Fact This cause comes on for consideration based upon a Notice to Show Cause (Administrative Complaint) filed by the State of Florida, Division of Alcoholic Beverages and Tobacco, against Albert Parrish who trades as the Red Honey in a licensed premises located at 835 East Brownlee Street, Starke, Bradford County, Florida. The Respondent, Albert Parrish, is the holder of license No. 14-69, Series 2-COP, which allows the Respondent to sell beer and wine at the aforementioned premises. The State of Florida, Division of Alcoholic Beverages and Tobacco, is an agency of the State of Florida charged with the duty to regulate those persons and other entities who hold beverage licenses within this state and it is in keeping with that charge that the Notice to Show Cause (Administrative Complaint) has been brought against the Petitioner, Albert Parrish, for the offenses as set out in the Issues statement of this Recommended Order. The Respondent has contested those allegations and the case has been considered in accordance with Subsection 120.57(1), Florida Statutes. On May 11, 1979, Beverage Officer Phyllis Williams, in the company of Columbia County, Florida, Sheriff's Officer Oliver Lake went to the licensed premises in Starke, Florida. After entering the licensed premises, they stayed for a period of one to one and one-half hours, during which time the Respondent, Albert Parrish, was present. In this sequence of time Albert Parrish was located at a pool table found in the licensed premises and a number of other persons were at the pool table rolling dice, which is a game of chance. Money was being placed on the table by the players and Parrish was picking up money from the table and placing it in a box which was in his custody and control. Parrish was in charge of the dice game to the extent of being an active participant and receiving financial benefit and to the extent of allowing other persons to play the dice game. While Officers Williams and Lake were in the licensed premises on May 11, 1979, they also observed a card game being played and this went on for some forty-five minutes. The game being played was a game known as "Tunk" which on this occasion was being played with wagered money pieced on the table. The Respondent, Parrish, was not directly participating in the card game, in that he was running the dice game at a separate location within the licensed premises; however, the person who appeared to be in charge of the "Tunk" card game was seen to pass an item to Parrish during the course of the time in which the officers were in the licensed premises. Therefore, although Parrish did not actively participate in the card game, he did unlawfully permit other persons to participate in the card game in his licensed premises. On June 1, 1979, Beverage Officer James Bates went back to the licensed premises in Starke, Florida. On this occasion, Bates observed a number of persons around a pool table and Parrish standing next to the pool table and a dice game being played. Two dice were being thrown and money was being wagered. Parrish was in charge of the dice game to the extent that wagers of money would be placed and Parrish would put a playing card on top of the money and then when a winner had prevailed, Parrish would pay off that winner. Bates observed the fact of this activity for approximately two hours and Parrish remained at the pool table for the entire period of time. Bates also observed an individual who was acting as a lookout and when police cars would pass by, the lockout would give a warning and all of those persons in the licensed premises would step away from the pool table until the police car had left the area of the licensed premises, at which time the game would be resumed.
Recommendation It is recommended that the Respondent, Albert Parrish, have his beverage license No. 14-69, Series 2-COP, suspended for a period of ninety (90) days. DONE AND ENTERED this 18th day of December, 1979, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Daniel C. Brown, Esquire Staff Attorney Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Albert Parrish t/a Red Honey 835 East Brownlee Street Starke, Florida ================================================================= AGENCY FINAL ORDER =================================================================
Findings Of Fact Charles J. Evans and Inez P. Hamer, t/a Nezzers, hold beverage license No. 52-00669 and held this license at all times relevant hereto. On July 13, 1983, Beverage Agents Brown and Rozar, following up on a complaint of gambling at Nezzers, visited Nezzers around 7:30 p.m. It was a quiet night in the bar. Upon entry they observed two men playing pool at Table A (Exhibit 2), which is the nearest to the bar of the four pool tables in the room. Table A is a time table and the players pay based on the time the table is used. The other three tables are coin tables which are activated for play by depositing $.50 in coins in the table for each game. Brown and Rozar each bought a beer and commenced playing pool on Table D (Exhibit 2). Some 15 to 30 minutes later two other men started playing pool at Table B (Exhibit 2). At this time, in addition to the six pool players, the only people in the bar were the bartender, Marjorie Hamer, and two or three other patrons. Brown and Rozar observed the men at Table B, later identified as Valencourt and Mosely, flip a coin to see who would break. Thereafter, the agents several times observed Valencourt and Mosely exchange money at the conclusion of a game. One would toss a bill on the pool table and the winner [presumably] would pick it up and put it in his pocket. Hayman and Foreman playing at Table A were overheard to say one or the other was "one down" or "two down" and were seen putting a bill on the end of the bar away from the cash register from where it was picked up by the other player. On several occasions the players were observed getting change from Marjorie Hamer. Table A is closer to the bar than to Table D. Accordingly, Marjorie Hamer, setting behind the bar, was in as good or better position to observe the exchange of money as were agents brown and Rozar. Marjorie Hamer, the 22-year- old daughter of Inez Hamer, has worked at establishments dispensing alcoholic beverages and is generally familiar with beverage laws prohibiting gambling at a licensed establishment. Two large signs are conspicuously posted in the room which say "NO GAMBLING." On July 13, 1983, neither of the owners was present during the time the agents were in Nezzers. Inez Hamer had worked until 6:00 p.m. when she was relieved by Marjorie. Marjorie had earlier told her mother that she did not feel well and would like not to come in on July 13, but Inez told her it would be a quiet night without much business and Marjorie came in. Marjorie Hamer concurred with the testimony of Brown and Rozar that there were three pool tables occupied and few other people were in the bar. Marjorie spent most of the evening reading the paper and testified she did not see any of the pool players give money to his opponent at the end of a game or overhear any conversation that would lead her to believe gambling was going on.
The Issue Whether Petitioner, Hassan Habibi, was subject to an unlawful employment practice by Respondent, Auto Club Group, based on his race, religion, or national origin in violation of the Florida Civil Rights Act.
Findings Of Fact The Auto Club is affiliated with the American Automobile Association (“AAA”), a national not-for-profit organization that provides its members with benefits relating to travel, emergency roadside assistance, and insurance coverage. Petitioner initiated this matter alleging that the Auto Club discriminated against him based on his race, religion, or national origin. Petitioner was born in Pakistan. He is a Muslim. On April 21, 2015, the Auto Club hired Petitioner as a temporary employee through Randstad, a third-party employee staffing firm. The Auto Club placed Petitioner in the position of a Membership Service Representative at its membership services call center in Heathrow, Florida. Generally, a Membership Service Representative is responsible for handling, processing, and resolving incoming calls from Auto Club members. Petitioner’s last day of work for the Auto Club was May 14, 2015, three and a half weeks after he began his job. Petitioner spent his first two weeks with the Auto Club in a training class learning how to properly handle and respond to service calls from Auto Club members. Petitioner’s training class consisted of approximately 15 people. His instructor was Amy Thornhill. Petitioner reported to Jeanette Wieland, Manager of the Membership Service Customer Interaction Center. At first, Petitioner sat in the back of his training classroom. However, he soon requested to relocate after he became increasingly distracted by the clicking of a pen by another trainee. Ms. Thornhill facilitated Petitioner’s request and moved him to the front of the room. She also advised the class to be respectful of the other trainees. On May 13, 2015, Petitioner was scheduled to leave the training class and begin handling live calls on the services call center floor. However, Petitioner called in sick that day and did not report to work. While he was out, Petitioner composed an e-mail for Ms. Wieland. Petitioner wrote that he believed problems that he had experienced at a job he recently held at Aon Hewitt had followed him to the Auto Club. In an attachment to his e-mail, Petitioner listed several “bizarre things” and objectionable behavior he was experiencing at the Auto Club. Petitioner believed that on either April 21 or 22, 2015, someone from Aon Hewitt had appeared at the Auto Club office and was “brainwashing” people to harass and intimidate him (the same way he was harassed at Aon Hewitt). Petitioner advised that this person might have been seeking revenge against him. Petitioner proposed that he be allowed to review the Auto Club video surveillance footage of the parking lot on April 21 and 22, 2015, with the Lake Mary Police Department, the Seminole County Sheriff’s Office, and/or Auto Club security. Petitioner believed that the video would lead to the arrest and prosecution of the perpetrators who were brainwashing Auto Club employees and had damaged his car in the Auto Club parking lot. Finally, Petitioner complained about how he was treated by several trainees in his training class including Sherry Latour, “Edgardo,” and “Judith.” Petitioner returned to work the next day on May 14, 2015. He reported to the call center floor for his first day taking live customer service calls. Unfortunately, Petitioner found his work shift extremely disconcerting. After he began handling phone calls, a man named “Terrance” sat next to him. Petitioner recounted that Terrance began loudly conversing with a nearby friend in such a disruptive and distracting manner that Petitioner could not hear the customers speaking over the telephone. Petitioner became very concerned that his quality assurance scores would decrease. Petitioner recounted that Terrence never spoke directly to him. However, Petitioner was alarmed to hear Terrance mention the e-mail that he had sent to Ms. Wieland the previous day. Terrance ignored Petitioner’s pleas for quiet. At the final hearing, Petitioner proclaimed that Terrance was intentionally placed next to him to prevent him from doing his job. Petitioner accused Ms. Wieland of deliberately using Terrance in retaliation for the complaints he raised in his May 13, 2015, e-mail. Petitioner alleged that Ms. Wieland directed Terrance to be so disruptive that Petitioner would be too scared to return to work the next day. Petitioner met with Ms. Wieland on May 14, 2015, around 5:00 p.m. during his mid-shift break. During their meeting, Petitioner repeated that he strongly believed that someone from Aon Hewitt had been brainwashing Auto Club employees to harass and intimidate him. Petitioner also complained that this person had damaged his car in the Auto Club parking lot. Petitioner again requested that he be allowed to review the Auto Club surveillance video of the parking lot to try and identify the individual. Petitioner also complained that on several occasions while he was in the Auto Club cafeteria, Edgardo and Judith threw plastic knives at his feet. Petitioner emphasized that this behavior occurred so much that Edgardo and Judith must have been acting out on purpose. Petitioner stressed that someone from Aon Hewitt was putting them up to it. Ms. Wieland advised Petitioner to go the Lake Mary Police Department if he felt threatened. In the meantime, she would check with Auto Club security regarding the surveillance videos. Ms. Wieland also requested that he let her know immediately if anything else occurred while he was working at the Auto Club. The next day, May 15, 2015, Petitioner called Randstad and explained that he had encountered several problems at the Auto Club. Consequently, he did not believe it was worth continuing his employment there. Shortly thereafter, a Randstad representative called Ms. Wieland and relayed that Petitioner did not feel safe at the Auto Club. Therefore, he would not be returning to work. On May 21, 2015, Petitioner e-mailed Ms. Wieland again. Petitioner expressed that the people who committed the “egregious acts” against him needed to be punished. Petitioner beseeched Ms. Wieland to provide him Ms. Latour’s last name so that he could file civil charges against her. Petitioner further contended that a former Randstad employee named “Victoria” may have been involved in Ms. Latour’s objectionable actions. Petitioner also indicated that two other male employees threw plastic knives and forks at his feet in the cafeteria in addition to Edgardo and Judith. Petitioner wanted these people to be punished. Finally, Petitioner declared that when he used the restroom at the Auto Club, two male employees would come into the restroom and do exactly the same thing an employee at Aon Hewitt would do. At the final hearing, Petitioner summarized the alleged discriminatory incidents that he endured during his tenure with the Auto Club to include the following: On several occasions, Petitioner encountered Ms. Latour outside the men’s restroom. Petitioner believed that she intentionally positioned herself to block his exit. Petitioner surmised that Ms. Latour was attempting to have him commit unwanted physical contact with her. On several occasions, Ms. Latour, Edgardo, and Judith stared at Petitioner while he was in the parking lot and watched him enter the office building. Ms. Latour once asked Petitioner where Edgardo and Judith were sitting on the call center floor. Ms. Latour and Ms. Thornhill held a secretive conversation of which Petitioner believed he was the subject. Edgardo did not shut the bathroom stall while he was using the restroom (just like the people at Aon Hewitt). In the Auto Club cafeteria, Edgardo and Judith dropped plastic forks and knives in front of Petitioner as he walked by. Petitioner believed that they intentionally threw the utensils at his feet to intimidate and provoke him. Petitioner believed that someone from Aon Hewitt put them up to it. An extremely noisy fan was placed next to Petitioner on the call center floor which distracted him from his customer service calls. On several occasions, a sports utility vehicle parked too close to his car in the parking lot which made opening his car door difficult. (A similar incident occurred while Petitioner worked at Aon Hewitt.) Someone scratched the bumper of his car while he was parked in the parking lot, perhaps to provoke him. Finally, Petitioner asserted that the Auto Club engaged in a “massive and elaborate effort” to cover up and conceal the discriminatory acts of Ms. Latour. Petitioner claimed that Ms. Latour was trying to blackmail or provoke him so that the Auto Club would fire him. Petitioner was also frustrated that the Auto Club would not produce video surveillance from the restroom hallway which he asserted would support his claim. Although Petitioner objected to the conduct of several individuals who worked at the Auto Club, at the final hearing, he specifically identified Ms. Latour as the only person who discriminated against him. However, Petitioner acknowledged that he never specifically complained to anyone that he was being harassed based on his race, religion, or national origin during the time he worked at the Auto Club. Neither did Petitioner ever accuse Ms. Latour, Edgardo, or Judith of discriminating against him. Petitioner never informed anyone working for the Auto Club that he was born in Pakistan. On the other hand, Petitioner did recall a conversation with one co-worker (not Ms. Latour, or Edgardo, or Judith) during which he mentioned that he was Muslim. At the final hearing, Petitioner explained that he did not realize that he was being illegally harassed until after he left the Auto Club. Petitioner asserted that Ms. Latour’s objectionable behavior must have been based on his race because he was the only person in his training class who was of Asian and Pakistani origin or a Muslim. Petitioner explained that Ms. Latour did not harass anyone else in their training class. Amy Thornhill testified at the final hearing. Ms. Thornhill stated that she had no knowledge of Petitioner’s race, religion, or national origin during the time he worked for the Auto Club. Ms. Thornhill further claimed that she never heard anyone make any comments about Petitioner’s race, religion, or national origin. Ms. Thornhill recalled that Petitioner complained about a fellow trainee who was tapping a pen during his training class. She believed that she properly addressed the situation when she allowed Petitioner to move to the front of the classroom. She also cautioned the class to be mindful of their classmates. Ms. Thornhill was aware that Ms. Latour was also in Petitioner’s training class. Ms. Thornhill testified that she never observed Ms. Latour behave inappropriately towards Petitioner. Neither did she and Ms. Latour ever discuss Petitioner’s race, religion, or national origin. Ms. Thornhill did not remember Petitioner complaining to her about discrimination or harassment. Ms. Latour, who is still employed with the Auto Club, testified at the final hearing. Ms. Latour first met Petitioner in their 2015 training class. Ms. Latour denied ever making any improper or offensive actions or comments to Petitioner. Ms. Latour denied that Edgardo or Judith encouraged her to provoke him. Ms. Latour also asserted that she did not know Petitioner’s race, religion, or national origin while he worked at the Auto Club. Ms. Latour further declared that she never blocked Petitioner’s exit from the men’s restroom. She reported that the women’s restroom is directly across the hallway from the men’s restroom and surmised that perhaps that was the reason Petitioner encountered her in the hallway. Ms. Latour also relayed that Auto Club employees routinely congregate in the hallway near the training area and the elevators. Ms. Latour denied that she participated in a conversation with Ms. Thornhill about Petitioner. Ms. Latour also rejected Petitioner’s allegation that she purposefully watched him in the parking lot. Despite the fact that Petitioner did not return to work after May 14, 2015, the Auto Club continued to investigate his complaints. Jami Mieser, a Senior Employee Relations Specialist for the Auto Club, testified at the final hearing. Ms. Mieser looked into the concerns Petitioner raised in his e-mails to Ms. Wieland in May 2015. Ms. Mieser did not find any evidence substantiating Petitioner’s claims that Auto Club and Aon Hewitt employees were intentionally provoking or discriminating against him. Ms. Mieser did not notify Petitioner of the results of her investigation in 2015. Petitioner had left the Auto Club by the time she had completed her investigation. Ms. Mieser also testified regarding the video surveillance of the Auto Club parking lot. She explained that Auto Club security only maintained the video for approximately 90 days. Therefore, the videos are no longer available to help determine whether an individual purposefully damaged Petitioner’s car in April 2015. Ms. Wieland testified at the final hearing and acknowledged that she did ask a man named Terrance to sit next to Petitioner on his first day on the call center floor. Ms. Wieland explained that she routinely places an experienced Membership Service Representative next to a trainee to assist the new employee with any issues. However, she denied instructing Terrance to disrupt Petitioner from doing his job or scare him away from the Auto Club. Ms. Wieland also stated that Petitioner never complained about Terrence during their May 14, 2015, meeting. Based on the competent substantial evidence in the record, the preponderance of the evidence does not establish that the Auto Club discriminated against Petitioner based on his race, religion, or national origin. Accordingly, Petitioner failed to meet his burden of proving that the Auto Club discriminated against him in violation of the Florida Civil Rights Act.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order finding that Respondent, Auto Club Service Group, did not commit an unlawful employment practice against Petitioner, Hassan Habibi, and dismiss his Petition for Relief. DONE AND ENTERED this 31st day of May, 2017, in Tallahassee, Leon County, Florida. S J. BRUCE CULPEPPER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 31st day of May, 2017.
Findings Of Fact Respondent Albert Wade Anderson holds a business degree from Washington University and a theology degree from Princeton University. After six years, he left the ministry to sell insurance. In 1965, he was licensed to sell life insurance in Minnesota, and continued selling life insurance after he moved to Fort Myers, Florida, in 1967. Respondent is licensed in Florida as an ordinary life, including disability, insurance agent and as a general lines agent. Petitioner's Exhibit No. 1. In May of 1980, Mr. Anderson, newly licensed by petitioner to sell property and casualty insurance, took a job with Atlas Insurance Agency's Fort Myers office. Atlas Insurance Agency paid respondent a weekly salary of $200 plus "$6.75 per program or deal," (T. 62), i.e., per customer. Almost invariably, respondent sold a motor club membership to any customer who bought a personal injury protection policy; Mr. Anderson could not recall with certainty a single exception. (T. 66.) "A motor club is an organization which provides certain designated services to motorists, including such things as guaranteed arrest bond certificates, towing and labor for disabled automobiles, map drawing services, often accidental death benefits, and similar related services . . . [for] motorists." Deposition of Andrew M. Beverly (Deposition), p. 6. Among motor club membership benefits are many services which are not included in "standard coverage." Deposition, p. 7. Motor club membership is "an important coverage . . . [An] insured should be made aware of this coverage." Deposition, p. 9. An insurance agent "should explain the different [motor club] coverages and options to a potential insured." Deposition, p. 19. COUNT ONE Jeanne Whyte, assistant head nurse at Lee Memorial Hospital on the 11- to-7 shift, came into the Fort Myers office of Atlas Insurance Agency on June 10, 1980. Ms. Whyte graduated from high school and has attended about a year's worth of college courses from time to time, in addition to her training as a nurse. When she went to the Atlas Insurance Agency, it was with the intent to purchase the least expensive automobile insurance available. She was already a member of the American Automobile Association. Respondent Anderson persuaded her, however, that she should also purchase liability insurance to protect her home and other assets. In explaining her potential benefits, Mr. Anderson said "something about towing, but [Ms. Whyte] didn't connect it with . . . a club or anything." (T. 27.) Before she left the office, she wrote a check for $275, and signed documents, including a membership application for American Touring Association, Inc., Respondent's Exhibit No. 1. Of the $275, $186 was used to purchase bodily injury liability, property damage liability, and personal injury protection, in the form of a combination automobile policy from Kenilworth Insurance Company, No. C-1-826686, Petitioner's Exhibit No. 3; $75 was used to purchase a membership in American Touring Association, Petitioner's Exhibit No. 4; and $14 was not accounted for by the evidence. When Ms. Whyte discovered that $75 had been used to purchase a membership in American Touring Association, she tried to obtain a refund from Atlas Insurance Agency, originally without success; but she eventually obtained a $75 refund, after contacting the Insurance Commissioner's office. This experience notwithstanding, Ms. Whyte purchased automobile insurance a year later from respondent, who by that time was employed with another insurance agency, "because [she didn't really think it was his idea to put [her] in the American Touring Club." (T. 29.) COUNT THREE When James Hanney, a high school graduate, entered Atlas Insurance Agency's office in Fort Myers, on or about August 11, 1980, he was under the impression that his parents' membership in the American Automobile Association inured to his benefit. Whether this impression was accurate was not clear from the evidence. In any case, Mr. Hanney told the woman he found in the Atlas Insurance Agency office that he wanted minimal insurance coverage. She sold him a $10,000 personal injury protection policy with an $8,000 deductible, issued by Fortune Insurance Company, No. AP 1-10-02821 with a premium of less than $50, and a membership in the Nation Motor Club for $35. Respondent and Mr. Hanney each signed the insurance policy. Petitioner's Exhibit No. 7. Among other documents, Mr. Hanney signed an application for membership in the Nation Motor Club, Inc., Respondent's Exhibit No. 2. COUNT FIVE On or about May 17, 1980, James Allen Foster, a high school graduate, went to the Fort Myers office of the Atlas Insurance Agency to buy whatever insurance was necessary to register the car he and Barbara Gonzalez (now Foster) had recently purchased. He did not ask for a motor club membership and would not have purchased such a membership if he had known it was optional. He did, however, sign an application for membership in the American Touring Association, Inc., Respondent's Exhibit No. 3, among other documents. After telling Mr. Foster and Ms. Gonzalez about potential benefits, including "towing and lost key coverage, Mr. Anderson sold them a $10,000 personal injury protection policy with an $8,000 deductible written on the American Specialty Insurance Company, No. PA 02 03 59, Petitioner's Exhibit No. 9, with a premium of $44, in addition to the membership in the American Touring Association. Howard Vogel and Kevin Cox were the principals of Atlas Insurance Agency, a Florida corporation owned by Cox, Vogel, Inc., during the time respondent Anderson worked for the agency. They instructed respondent to attempt to sell motor club memberships along with every automobile insurance policy he might sell, and told him how to go about it. The "technique was to package the benefits and quote one price," (T. 56; Testimony of Respondent), the aggregate of the motor club membership fee and the policy premium. Respondent was told by his employers "to not emphasize" the motor club memberships. Jeanne Whyte, James Hanney, and James Allen Foster each signed a form application for motor club membership, but only the application Mr. Hanney signed listed the membership fee or otherwise indicated that a separate fee or premium was being charged for the motor club membership. Respondent deliberately withheld this fact from Ms. Whyte and Mr. Foster when making his oral presentation and no document furnished to Ms. Whyte or to Mr. Foster disclosed the fact. Neither did respondent offer either of these customers a choice between memberships in different motor clubs. An insurance "agent has an absolute duty to the insured to explain to him what he is selling him and what it does for him," Deposition, p. 14, although the name of the policy is not nearly as important as the explanation of the coverage. Simply omitting the formal policy name would not fall below "the minimum standards of the business, the industry." Deposition, p. 16. "[T]he important thing is to explain to the insured he's buying something, and that what he is paying for is this." Id. Before making a sale, the insurance "agent owes it to the insured to explain each coverage and tell him he's paying for it and what the benefits of the coverage are." Deposition, p. 22. Both petitioner's recommended order to hearing officer and respondent's proposed order have been given careful consideration. Findings proposed by the parties which are not included in the foregoing findings of fact have been rejected as inconsistent with the evidence or omitted as irrelevant.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner suspend respondent's licensure under Chapter 626, Florida Statutes (1979), for a period of sixty (60) days. DONE AND ENTERED this 16th day of December, 1981, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of December, 1981. COPIES FURNISHED: David A. Yon, Esquire Department of Insurance 428-A Larson Building Tallahassee, Florida 32301 Thomas F. Woods, Esquire Suite 112 1030 East Lafayette Street Tallahassee, Florida 32301 The Honorable Bill Gunter State Treasurer and Insurance Commissioner The Capitol, Plaza Level Tallahassee, Florida 32301
Recommendation Based upon the findings of fact and conclusions of law recited above, it is recommended that the respondent Division of Beverage issue the type 11-C license to petitioner without further delay. Respectfully submitted and entered this 24th day of March, 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 A. Nuzum Division of Beverage Johns Building. Tallahassee, Florida
The Issue Whether petitioner qualifies for a II-C Club alcoholic beverage license, which is issued to Nonprofit organizations or clubs devoted to promoting community, municipal, or county development or any phase of community, municipal or county development.
Findings Of Fact Code I is a nonprofit Florida corporation located at 3420-31 West Broward Boulevard, Ft. Lauderdale, Florida. In February, 1982, it applied for a II-C or Club alcoholic beverage license pursuant to Section 561.20(7)(a)3, Florida Statutes (1981) and Rule 7A-3.19, Florida Administrative Code. On August 3, 1982, DABT denied its application, asserting that it was not qualified for licensing under tie statute and rule. Code I was incorporated as a Florida nonprofit corporation in 1962. Ms. Bessie Walton and her former husband formed the corporation to raise funds to build a home for the elderly. With funds subsequently generated by the corporation, Tropical Home for Senior Citizens was constructed and continues to be operated in Ft. Lauderdale, Florida. In 1974, the corporation became inactive. According to several members of Code I, the goals and purposes of the Club are to support and make contributions to benevolent causes. This testimony, however, is based upon representations made to them by others concerning the goals and purposes of the Club. (Testimony of Troutman, Reddick) In the past, Code I has donated funds to numerous organizations or allowed them to use its facilities--without charge. These organizations, included Broward County Youth Football, Greater Bethel AME Church, Tropical Home for Senior Citizens, North Fork Elementary School, and Kappa Alpha Psi Fraternity (for scholarships). It has also sponsored foster families. Code I has charged, however, some organizations $175 for the use of its facilities. (Testimony of Troutman) The articles of Incorporation of Code I state that the objectives of the organization are to provide a meeting place for recreational purposes of its members, to provide aid and comfort for its members in case of sickness or death, and to assist in any other matters pertaining to the highest orders of American Citizenship. For carrying out these purposes, the corporation is authorized to buy, hold and sell real and personal property, to invest funds, and to construct and operate social club houses. (P-1) Neither the articles nor the bylaws of the corporation explicitly, or by reasonable inference, dedicate it to promoting community, municipal, or county development. (P-1, P-4) According to its treasurer, its main purpose is to provide a facility where the public can enjoy an evening on the town in a conducive club atmosphere. Membership is open to the general public. An alcoholic beverage license would enable the Club to earn additional funds for its operations.
Recommendation Based on the foregoing, it is RECOMMENDED: That Code I's application for a II-C Club alcoholic beverage license be DENIED, without prejudice to its right to reapply after amendment of its charter and bylaws. DONE AND ORDERED this 25th day of February, 1983, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of February, 1983.
Findings Of Fact 1. Petitioner is a corporation not for profit organized under Florida law in December of 1981, to "operate a supper club and lounge and to promote the culinary arts in Panama City, Florida, and the affording of facilities to members of the club for the enjoyment of same." Respondent's Exhibit No. 1. David McCurdy, John Diamond and Lorette Chance signed the articles of incorporation. The articles of incorporation specify that membership "shall consist of persons over the age of nineteen (19) years who shall be admitted on the majority vote of the directors of the corporation." Respondent's Exhibit No. The bylaws provide simply that "[n]ew members must be spons[o]red by a member in good standing . . . ." Respondent's Exhibit No. 2. For the first year of its existence, The Back Door Lounge and Supper Club, Inc. (the supper club) was operated solely for its members' enjoyment, on the premises of what had been the Chat 'N' Chew, a beer bar Mr. and Mrs. McCurdy had operated. Membership dues are $20.00 annually, and the supper club is open from six in the evening till six in the morning. Weekly there are covered dish suppers, and several members attested to learning about spices in connection with these suppers. Organization as a private club also discouraged "rowdyism . . . [like that to be found in some] other lounges within the P. C. area." Respondent's Exhibit No. 4 (Goss letter of 16 March 1984). In seeking to establish a private club, Mr. and Mrs. McCurdy have acted in good faith at all times and in keeping with their understanding of the legal advice they received. When Jerrold Hill, a sergeant with the Division of Alcoholic Beverages and Tobacco, was in the supper club in late 1983, he saw no difference between what was going on then and what he had earlier seen in the Chat 'N' Chew. In December of 1983, petitioner applied for the license at issue here. Eleven months earlier, there had been discussions with the local chapter of the American Cancer Society about donating money made on the suppers to the Society. On March 16, 1984, the day after one of respondent's investigators visited the supper club, petitioner gave the American Cancer Society a check for $500.00.
Recommendation It is, accordingly, RECOMMENDED: That respondent deny petitioner's application for licensure. DONE and ENTERED this 5th day of September, 1984, in Tallahassee, Florida. ROBERT T. BENTON, II 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 5th day of September, 1984. COPIES FURNISHED: Sandra P. Stockwell, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Mr. David A. McCurdy Back Door Lounge & Supper Club 4130 West Highway 98 Panama City, Florida 32405 Gary Rutledge, Secretary Department of Business Regulation The Johns Building 725 South Bronough Street Tallahassee, Florida 32301 Howard M. Rasmussen, Director Department of Business Regulation Division of Alcoholic Beverages and Tobacco The Johns Building 725 South Bronough Street Tallahassee, Florida 32301
The Issue The issues for determination are: (1) whether Respondent through its agents, servants, or employees, while on its licensed premises, permitted patrons to unlawfully possess, sell, or deliver controlled substances in violation of Sections 561.29(1)(a) and 893.13(1)(a), Florida Statutes; (2) whether Respondent through its agents, servants, or employees, kept or maintained its licensed premises for the illegal keeping, selling, or delivery of controlled substances in violation of Section 893.13(7)(a)5., Florida Statutes; and (3) if yes, what action should be taken against Respondent's Alcoholic Beverage License No. 39-01181, Series 4-COP, issued by the State of Florida.
Findings Of Fact At all times relevant to this proceeding, Respondent was the holder of an Alcoholic Beverage License No. 39-01181, Series 4-COP, for the licensed premises doing business as Club 1509 and located at 1509 East 8th Avenue, Tampa, Hillsborough County, Florida. At all times relevant to this proceeding, Kenneth M. Sohl was the president, secretary and treasurer of Killian's Rock Cafe, Inc., d/b/a Club 1509, and the holder of the above- referenced alcoholic beverage license. In 1994, Kenneth M. Sohl, Dr. Frederick McClimans, D.O., and Ernest Haire, III, invested in a venture whereby an existing law office was converted into an upscale, rock-n-roll nightspot called Killian's Rock Cafe located at 1509 East 8th Avenue, Tampa, Florida. Mr. Kenneth Sohl was the managing partner because of his successful ownership and operation of another rock-n-roll club also named Killian's located in Tampa, but not in the Ybor City area. After almost two years of operation, Killian's Rock Cafe was having a difficult time competing with the ever increasing number of establishments being opened in Ybor City. In October 1995, Mr. Sohl and Dr. McClimans took on new partners, Paul Haber, owner of a medical equipment company; Linda Haber, Paul Haber's wife; and Dr. Lawrence Perich, M.D. When the new partners became involved, it was with the idea of creating a more upscale club that which would appeal to a larger client base. At about this time, the rock-n-roll format ended, and Club 1509 opened. After experimentation, Kenneth Sohl developed a musical format at Club 1509 which appealed to different types of clientele on different evenings. Wednesday nights were designated "International Night" and featured music from around the world. Every Thursday and Sunday night was called "Techno Night" and featured loud, fast music known as "Techno" or "House Mix." On Thursday evenings, a special music and light show produced by a company called MARZ was featured. The combination of "Techno" music and the special production by MARZ catered to a younger clientele and contributed to Thursdays being one of the more popular nights for the Club 1509. Friday evenings featured Salsa-type dance music and attracted a more Latin clientele who enjoyed that type of music. The Saturday evening format included varied music and was designed to attract an older, more upscale clientele. The licensed premises is a 9,600 square-foot night club with two levels. On the first level, there are two large bars, one on the east side of the club and the other one on the west side. Also, on the first level is a smaller bar on the southwest side of the club. Between the two larger bars on the first level is a large dance floor with an elevated stage area immediately north of it. There are men's and women's rooms on the first floor north of and adjacent to the larger bars. A VIP room and smaller bar are located on the second level of the licensed premises. The upstairs also has a balcony which overlooks the dance floor and other portions of the first floor. There is also a men's and women's room on the second floor. Prior to August 1, 1997, the Division received information from the Tampa Police Department concerning possible drug activity within the premises of Club 1509. Based on this information, the Division initiated an undercover investigation of Club 1509. Special Agents (Agents) Patricia Thompson and Deborah Caplinger were among those assigned to investigate Club 1509. Agents Thompson's and Caplinger's investigation spanned the period from August 2, 1997, through October 3, 1997, and ended when the Emergency Order of Suspension was served. During the course of the undercover investigation, Agents Thompson and Caplinger participated in several transactions in which they purchased controlled substances at the licensed premises. The controlled substances purchased by the agents during the investigation of the licensed premises were various designer drugs, often referred to generally as "ecstasy." Specifically, the controlled substances purchased by the agents included MDMA, Nexus, and MDEA. The chemical names for the aforementioned drugs are: 3,4, Methylenedioxymethamphetamine (MDMA); 4-Bromo-2,5-dimethoxyphenethylamine (Nexus); and 3,4- Methylenedioxy-N-ethylamphetamine (MDEA). These designer drugs have risen in popularity in recent years and are becoming increasingly popular in Florida. During the course of the investigation, the agents also purchased the controlled substance, amphetamine. On Saturday, August 2, 1997, and continuing into Sunday, August 3, 1997, Agents Caplinger and Thompson went to the licensed premises to begin the investigation. On that Saturday evening, at about 11:55 p.m., a patron known as Major Singh was standing at one of the three bars in the downstairs portion of the Club. While standing at the bar, Major Sigh asked Agents Caplinger and Thompson if they were having a good time. In response, Agent Caplinger told Major Singh that it would be better if she were "rolling." "Rolling" is a slang term that means feeling the effects of MDMA. Major Singh offered to obtain some MDMA for Agent Caplinger, and then left the bar area. Agent Caplinger then placed her purse on the counter, took cash out and openly counted it above bar level as if she were "paying for a drink." Major Singh returned, told Agent Caplinger that the price of the MDMA was $50.00. Major Singh then turned his back to the agents and put his right hand behind his back to receive $60.00 from Agent Caplinger. Major Singh left and returned a few minutes later. At that time, Major Singh placed two tablets into a napkin and then placed the napkin in Agent Caplinger's pants pocket. After putting the tablets in Agent Caplinger's pants pocket, Major Singh left again. Major Singh returned later and put Agent Caplinger's $10.00 change into her pocket. The substance purchased by Agent Caplinger on this occasion was MDMA. On the evening of Thursday, August 7, 1997, and going into Friday, August 8, 1997, Agents Thompson and Caplinger returned to the licensed premises in their undercover capacity. At about 12:20 a.m., on August 8, 1998, two patrons approached Agent Thompson and introduced themselves as Tara and Carlos. Tara told Agent Thompson that a patron on the dance floor was "rolling." Agent Thompson asked Tara is she were "rolling," to which Tara replied, "Not yet." Shortly thereafter, Agent Thompson observed Tara taking money from Carlos, and then approaching another patron, Mary Vestil (Vestil). After a brief conversation, Vestil walked away from Tara and spoke to an unknown patron. Vestil handed this unknown patron something and the unknown patron handed Vestil something in return. Vestil then returned to Tara, and Tara returned to where Carlos and Agent Thompson were standing. Agent Thompson asked Tara if she could purchase "one." Tara initially told Agent Thompson that "it" would cost $10.00, but later told Agent Thompson that the cost would be $25.00. After settling on the price, Tara and Agent Thompson went to Vestil who was on the dance floor. Agent Thompson took $25.00 and fanned it in front of Vestil. Vestil directed Agent Thompson to "be careful," after which Agent Thompson apologized and moved the money closer to her body. Vestil indicated that her previous comment regarding being careful was made with regard to the pill which she was giving Agent Thompson in exchange for the $25.00. The substance purchased by Agent Thompson on this occasion was MDMA. At about 12:30 a.m., on Friday, August 8, 1997, Agent Thompson approached Vestil on the dance floor again regarding the purchase of another tablet for her friend, Agent Caplinger. After noticing a patron, Smokie, observing them, Vestil asked the agents if Smokie was "cool." The agents asked Vestil why she was concerned that "Smokie" was a law enforcement officer. Vestil did not answer the question, but stated that she wanted to go to the restroom. Vestil then walked off the dance floor to an area adjacent thereto and gave Agent Caplinger a grayish brown tablet in exchange for $25.00. The substance purchased by Agent Caplinger on this occasion was MDMA. On Thursday evening August 14, 1997, Agents Caplinger and Thompson and other law enforcement officers returned to the licensed premises to continue the investigation. On this date, the agents observed several patrons who appeared to be under the influence of a controlled substance. One patron was carried out of the premises by two other patrons. After the patrons walked outside the licensed premises to the front entrance, the off-duty uniformed police officers, posted outside the licensed premises and hired by Respondent, asked if the patron needed any assistance. The offer for assistance was declined. On Saturday, August 16, 1997, Agents Caplinger and Thompson returned to the licensed premises to continue the investigation. The agents observed a patron, Sammy, giving other patrons what appeared to be small pill-sized objects. Based on her belief that the objects being distributed by Sammy were controlled substances, Agent Thompson then approached "Sammy" and asked if he had any "X," a slang term for MDMA shortened from the word "ecstasy." Sammy advised he did not. Later on the evening o August 16, 1997, the agents approached Major Singh, who told them that he could get MDMA for them. After discussing the price of the MDMA, Agent Caplinger handed Major Singh $25.00 and Agent Thompson handed him $30.00. Major Singh then left the agents. When Major Singh returned later that evening, he told the agents that he was unable to find his drug supplier and returned the agents' money. On Thursday evening, August 21, 1997, and continuing into Friday morning August 22, 1997, Agents Thompson and Caplinger and other law enforcement officers returned to the licensed premises in furtherance of the investigation. Several patrons on the licensed premises were engaged in what appeared to be drug activity. A female patron collected money from other patrons and approached another patron, John Robert Milam (Milam). The female patron gave Milam the money and Milam handed the female what appeared to be several pill-sized objects. The female then returned to her friends and handed them each a pill- sized object. This activity took place on or near the dance floor. There is no indication that the licensee, manager, or employee of the licensed premises saw this activity. Later on Thursday, August 21, 1997, at about 11:50 p.m., after they observed the transaction described in paragraph 15, Agents Thompson and Caplinger approached Milam on the dance floor. Agent Thompson asked Milam if he had any pills. Milam told Agent Thompson that he did have pills. After discussing the price of the pills, Agent Thompson handed Milam $50.00. In return Milam handed Agent Thompson two sand-speckled pills. Agent Thompson then gave one of the pills to Agent Caplinger. This entire transaction took place on the northwest corner of the dance floor. The substance purchased by Agent Thompson on this occasion was Nexus. On Friday, August 22, 1997, at about 1:25 a.m., a patron, Peter Harrison (Harrison), approached Agent Thompson and asked her to dance. Agent Thompson declined. Harrison then asked if Agent Thompson was looking for pills, and indicated that he could provide them. Harrison then went to another patron, Douglas McDaniel (McDaniel), and after a short conversation with McDaniel, Harrison returned to Agent Thompson and advised her that two pills would cost $55.00. Both Agents Thompson and Caplinger took money from their persons and counted it. Agent Thompson took money from Agent Caplinger and handed $55.00 to Harrison. Harrison then motioned to McDaniel, and directed Agent Thompson to McDaniel, who was leaning against the small bar located on the lower level of the licensed premises. When Agent Thompson approached him, McDaniel asked Agent Thompson if she and her friend were cops. After Thompson said no, McDaniel gave a bottle cap to Thompson which contained two small clear capsules with white powder. The capsules purchased on this occasion were Nexus. After Agent Thompson received the capsules purchased in the transaction described in paragraph 17, she openly handed one of these pills to Agent Caplinger while they both were at the bar. Even though a bartender was working behind the bar and another employee was working security in an area near the bar, there is no evidence that either of these employees observed Agent Thompson handing Agent Caplinger a pill. On August 22, 1997, the agents observed several patrons approach another patron identified as Glenn David Hall, Jr. (Hall), and give him money in exchange for small objects that he retrieved from his pocket. Later on Friday, August 22, 1997, at about 2:15 a.m., Agent Caplinger approached Hall by the caged area on the west side of the dance floor and asked him for some pills. Hall indicated that he did not know her and refused to sell any pills to Agent Caplinger. However, an unknown patron wearing a cap with the inscription "Quicksilver" (Quicksilver) who had received something from Hall earlier soon approached Agent Caplinger on the dance floor and asked if she wanted a pill. After negotiating the price, Agent Caplinger got $20.00 from Agent Thompson and gave Quicksilver $20.00 in exchange for one off- white pill. Quicksilver then gave the money to Hall. The substance purchased by Agent Caplinger on this occasion was Nexus. Shortly after the transaction described in the paragraph 20, Agent Thompson approached Quicksilver on the dance floor and asked for a pill. Quicksilver told her that the pill would cost $20.00. Agent Thompson then gave Quicksilver the $20.00. Hall then took something out of his pocket and handed it to Quicksilver who then handed an off-white tablet to Agent Thompson. The substance purchased by Agent Thompson on this occasion was Nexus. On Saturday, August 23, 1997, and continuing into Sunday, August 24, 1997, Agents Caplinger and Thompson returned to the licensed premises. On this date, Brian Morgan, an employee of Club 1509, approached Milam, and after a brief conversation, Morgan approached a group of patrons and introduced Milam to the group. Morgan eventually left the group, but Milam remained with the group. At about 12:10 a.m., on Sunday, August 24, 1997, Milam took something from his right front pants pocket. When Milam pulled his right hand from his pocket, his fist was closed and he appeared to transfer an object in his right hand to his cupped left hand. He then appeared to hand an object from his left hand to one of the patrons in the group. At about 12:20 a.m., on Sunday, August 24, 1997, Agent Thompson approached Milam on the dance floor and asked if he had “anything” with him. Milam told Agent Thompson that he did, and they walked off the dance floor to Agent Caplinger. Agent Thompson gave Milam $50.00 which Milam placed in his left pants pocket. Next Milam placed his right hand in his front right pants pocket. When Milam pulled his hand out of his right pants pocket, his fist was closed. Milan opened the closed fist and released two pills into Agent Thompson’s hand. This transaction occurred between the dance floor area and the main entrance. The substance purchased by Agent Thompson on this occasion was Nexus. On Sunday, August 24, 1998, at about 1:15 a.m., Agent Caplinger approached a patron, Greg, on the dance floor, near the men's restroom, and asked for Major Singh. Greg had been with Major Singh when the agents first met Singh on August 2, 1997. After a brief discussion about what drugs Greg could obtain and the price, Agent Caplinger agreed to purchase some "pure MDMA" from him. Greg then left the agents. While Greg was gone, Agent Caplinger counted out $60.00. When Greg returned, Agent Caplinger gave him the $60.00. Greg left Agent Caplinger again, and about fifteen minutes later, returned and gave Agent Caplinger two capsules. The substance purchased by Agent Caplinger on this occasion was MDMA. Later on Sunday, August 24, 1997, at 2:20 a.m., that evening, Agent Thompson approached Greg on the dance floor near the casino table and asked him for another capsule. Greg told Agent Thompson that he did not have anymore of the MDMA capsules but he could get a pill that was another version of MDMA. After discussing price with Greg, Agents Thompson and Caplinger walked away from Greg to one of the bars, where Agent Caplinger handed Agent Thompson some cash. The agents then returned to Greg who was still on the dance floor, and Agent Thompson handed him $30.00. Greg left the agents on the dance floor, but returned about five minutes later. When he returned, Greg handed one sand-colored pill to Agent Caplinger. This transaction occurred on the edge of the dance floor. The substance purchased by the agents on this occasion was Nexus. Agent Caplinger briefly held the pill at chest level with an open palm and showed it to Agent Thompson. The agents then walked to an area illuminated by a glass case, where Agent Caplinger again briefly held the pill out with an open palm and looked at it before handing the pill to Agent Thompson. Agent Caplinger held the pill in this open manner for only a few seconds. In furtherance of the investigation, Agents Caplinger and Thompson went to the licensed premises on Thursday, August 28, 1997, and continuing through Friday, August 29, 1997. On Thursday, August 28, 1997, between 11:45 p.m. and 11:55 p.m., while in the licensed premises, Agents Thompson and Caplinger approached Major Singh as he stood at the north end of the club. Major Singh advised the agents that he had plenty of pills with him as well as the capsules that Agent Caplinger had purchased from Greg the week before. Agent Thompson told Major Singh that they wanted to purchase the capsules. After negotiating a price for the capsules, the agents began counting their money to pay for the capsules. While the agents were counting the money, Singh told them, "Not here, it's too open." Major Singh and the agents then went to the west end of the premises next to a bar area where there were approximately ten patrons and two bartenders. Major Singh then took two clear-coated capsules containing a white substance from his pocket and handed them to Agent Thompson. Agent Thompson then took out an undetermined amount of cash and counted out $25.00, while she handed it to Major Singh. Agent Caplinger then took out another $25.00 and handed it to Major Singh. The agents then walked over to the bar, where Agent Caplinger placed the capsule on a napkin on top of the bar. After about one minute, Agent Caplinger picked up the pill. Although a bartender was working at the bar when Agent Caplinger placed the capsule on the napkin at the bar, the bartender made no comment about the capsule. There is no indication that the bartender ever saw the capsule. The substance purchased by the agents on this occasion was MDMA. On Friday, August 29, 1997, the agents noticed a patron, identified as Rory Lambert, exchanging money and small pill-sized objects with at least three patrons who approached him between the small bar and the entrance. Shortly thereafter, at about 12:40 a.m., Agent Caplinger approached Lambert and asked if he had any pills. Lambert advised he could get some pills and told Agent Caplinger the price of the pills. Agent Caplinger turned to Agent Thompson and asked for additional money. Agent Thompson then counted out the money to Agent Caplinger who then handed $50.00 to Lambert. A female patron handed something to Lambert, after which Lambert asked Agent Caplinger to hug him. Agent Caplinger complied with this instruction and hugged Lambert. As Agent Caplinger hugged him, Lambert pressed two pills in her hand. The substance purchased by Agent Caplinger on this occasion was MDEA. Kenny Sohl was five to seven feet, when the hug between Agent Thompson and Lambert occurred, but there is no indication that he saw the transaction described in paragraph 28. After purchasing the pill from Lambert as described in paragraph 28 above, Agent Caplinger approached the small bar and placed an order for a drink. While waiting for her order, Agent Caplinger held the pill in her open palm for between 15 and 20 seconds. At the time Agent Caplinger displayed the pill, there was a bartender working at the bar, and Kenneth Sohl was standing at the same bar approximately two to three feet from Agent Caplinger. There is no evidence that either the bartender or the Kenneth Sohl saw the pill in Agent Caplinger's hand or, that if they saw it, they could have recognized it as a controlled substance. On Friday, August 29, 1997, between 2:10 a.m. and 2:20 a.m., Agents Caplinger and Thompson approached McDaniel, a patron that they had dealt with on August 22, 1997, while in the licensed premises. The agents asked McDaniel about purchasing MDMA capsules. When the agents approached McDaniel, he was standing near a lighted glass display case near the front of the club. After negotiating a price for the MDMA capsules, the agents counted and exchanged money. Agent Thompson then handed McDaniel $55.00. McDaniel left the area and returned several minutes later. When McDaniel returned, he asked Agent Thompson, "Are you positive you're not a cop?" In response, Agent Thompson told McDaniel that she was positive. McDaniel then handed Agent Thompson two clear capsules which contained an off-white substance. The substance purchased by the agents in this transaction contained MDMA. On Thursday, September 4, 1997, Agents Caplinger and Thompson and other law enforcement officers returned to the licensed premises to continue the subject investigation. While at the licensed premises, the agents approached Lambert and asked if he had any pills. Lambert replied that he did not. While at the licensed premises on September 4, 1997, Agent Caplinger spoke to three employees and indicated to them that she was “rolling” or asked if they were “rolling.” None of the employees made any comment or took any action about Agent Caplinger's references to rolling, nor did any of them inquire as to what she meant by "rolling." There is no indication that these employees heard Agent Caplinger when she used the term "rolling" or knew what the term meant. During the course of this investigation, the term "rolling" was sometimes used by patrons in the club This term was known to the agents to be used to describe the effects of MDMA and other drugs. However, that term was unfamiliar to many of the employees of the licensed premises. In furtherance of the investigation, Agents Caplinger and Thompson went to the licensed premises on Thursday, September 11, 1997, and continuing through Friday, September 12, 1997. On Thursday, September 11, 1997, at about 11:00 p.m., Agent Thompson approached Milam at the dance floor and asked if he had "anything" tonight. Milam directed Agent Thompson to approach him when the club was "more crowded." Later that evening Milam approached Agent Thompson while she and Agent Caplinger were standing on the east side of the dance floor. Milam agreed to sell two pills for $50.00 to Agent Thompson. Once they agreed upon the price and quantity, Milam directed Agent Thompson to buy a drink at the bar then return and put the money on the caged dance platform that was next to where they were standing. Milam first placed the two pills on the cage. Agent Thompson then picked up the pills as Milam removed his hand. Agent Thompson then went to the bar. She later returned to Milam who was on the dance floor and placed $50.00 on the caged dance platform and put a bottled water on the corner of the money. Milam then picked up the money. The substance purchased by Agent Thompson on this occasion was MDMA. Between 12:25 a.m. and 12:30 a.m. on September 12, 1997, Agents Thompson and Caplinger approached Major Singh at the north end of the premises approximately 15 feet from the front entrance. After Major Singh indicated that he had some capsules, Agent Thompson asked Agent Caplinger, in Major Singh's presence, if she wanted some MDMA. Agent Caplinger answered in the affirmative. Major Singh then walked onto the dance floor. Agents Caplinger and Thompson followed Major Singh onto the dance floor and asked if they could buy some MDMA. Agent Thompson then took out $25.00 and gave it to Agent Caplinger. Agent Caplinger also took out $25.00, and handed all of the money to Major Singh. After Major Singh received the money from Agent Caplinger, he took two pills out of a tube and handed them to Agent Caplinger. The substance purchased by Agent Caplinger on this occasion was MDMA. On Friday, September 12, 1997, at 1:20 a.m., Agents Thompson and Caplinger approached Hall on the west side of the dance floor next to the cage. Agent Caplinger asked Hall if he "had anything." After the price and quantity of pills were negotiated, Thompson gave $40.00 to Hall. Hall then turned to an unknown male patron and asked the patron for "two." This unknown male patron reached in his pocket and gave something to Hall, who in turn gave two pills to Thompson. The agents then walked to a bar and while at the bar, Agent Thompson handed Agent Caplinger one of the pills she had received from Hall. Agent Caplinger placed the pill in her open palm and looked at it for approximately ten seconds before securing it on her person. The substance purchased by Agent Thompson on this occasion was MDMA. A bartender was working at the bar when Agent Caplinger displayed the pill as described in paragraph 38. Also, a manager was in the nearby vicinity. However, there is no indication that either the manager or bartender observed this display. On Friday, September 12, 1997, between 1:40 and 1:50 a.m., Agent Caplinger approached Manuel Marquez who was standing by a table where a white female was selling shirts, CD's, pipes, and other items. The agents approached Marquez because they had observed him that evening selling or giving pill-sized objects to other patrons. Agent Caplinger asked Marquez if she could get some pills. Marquez asked Agent Caplinger if she were a cop, to which she responded, "No." Agent Caplinger then agreed to purchase two pills for $60,00. Marquez left the area and while he was gone, Agent Thompson handed Agent Caplinger $60.00. The agents then counted the money. A few minutes later, Marquez returned and Agent Caplinger handed him the $60.00 in exchange for two pills. The substance purchased by Agent Caplinger on this occasion was MDMA. On Saturday, September 13, 1997, and continuing into Sunday, September 14, 1997, Agents Thompson and Caplinger and other law enforcement officers returned to the licensed premises in furtherance of the subject investigation. Between 12:25 a.m. and 1:15 a.m., on Sunday, September 14, 1997, Agent Caplinger approached a patron, Greg, and asked him if he "had anything." Greg agreed to sell her one pill for $25.00. Agent Caplinger handed Greg $50.00, and Greg returned $25.00 change to her. Kenny Sohl was standing approximately two feet away during this exchange, but did not observe this exchange. Approximately twenty to fifty minutes later Greg returned and handed Agent Caplinger one pill. The substance purchased by Agent Caplinger on this occasion was amphetamine. This exchange took place approximately three feet away from where an employee positioned at the VIP stairs, but there is no indication that the employee observed Greg hand the pill to Agent Caplinger. After she received the pill from Greg, Agent Caplinger then went to a bar in the licensed premises and approached Agent Elaine Pavan, who was participating in the investigation. While at the bar, Agent Caplinger held the MDMA pill in her open palm. Agent Pavan then removed the pill from Agent Caplinger's hand and held the MDMA pill above and over the bar. Agents Caplinger and Pavan spoke openly about taking the pill while at the bar, before Agent Pavan returned the suspected pill to Agent Caplinger who placed the pill on the counter briefly before securing it on her person. The agents' reason for displaying the pill as described in paragraph 41 was to see what action the bartender would take. However, the bartender said nothing and took no action and there is no indication that the bartender ever saw the pill or heard the comments made by the agents regarding the pill. On Sunday, September 14, 1997, at 2:00 a.m., Agent Caplinger approached a patron, Hall, whom she had first met at the licensed premises on August 22, 1997. When Agent Caplinger approached Hall, he was sitting on an elevated floor just above the dance floor on the west side on the dance floor. Agent Caplinger asked Hall if he "had anything." After Hall and Agent Caplinger discussed the type of drugs that were available and the price, Agent Caplinger handed Hall $30.00. Hall then returned three dollars to Agent Caplinger and handed her a pill. The substance purchased by Agent Caplinger on this occasion was MDMA. Later on Sunday, September 14, 1997, after the transaction described in paragraph 43, a patron, McDaniel, approached Agent Thompson. McDaniel was a patron with whom Agent Thompson had dealt on August 22, 1997, while she was on the licensed premises. When McDaniel approached Agent Thompson on September 14, 1997, he advised her that he could obtain MDMA for her. After Agent Thompson handed $40.00 to McDaniel, he told Agent Thompson that he would be right back. McDaniel came back ten minutes later, returned the $40.00 to Agent Thompson, and explained that he had been unable to find his supplier. On or about Thursday, September 18, 1997, and continuing into Friday, September 19, 1997, Agents Thompson and Caplinger and other law enforcement officers returned to the licensed premises as part of the Division's investigation. On Friday, September 19, 1997, at about 12:30 a.m., Agents Thompson and Caplinger approached Milam on the dance floor and asked if he "had anything." After a brief discussion regarding availability and price, Thompson agreed to purchase two pills for $50.00. Milam directed Agent Thompson to go to the bar and get her money ready and then return. Agent Thompson went to the bar and took out a $50.00 bill. She returned to Milam, who was still on the dance floor, and handed him the $50.00 bill and he gave her two pills. The substance purchased by Agent Thompson on this occasion was amphetamine. On Thursday, October 2, 1997, and continuing into Friday, October 3, 1997, Agents Thompson and Caplinger and other law enforcement officers returned to the licensed premises to continue the subject investigation. The investigation was expected to conclude this evening with the service of the Emergency Order of Suspension and the arrest of patrons who had sold controlled substances to the agents. On Friday, October 3, 1997, between 12:01 a.m., and 12:05 a.m., before the Emergency Order of Suspension was served, Milam approached Agent Thompson and told her that he had "beans," a slang for MDMA. After a short discussion about price, Agent Thompson purchase one pill for $25.00. The Emergency Order of Suspension was served on Friday, October 3, 1997, but after this transaction. During the two-month investigation of the licensed premises, Agents Caplinger and Thompson made purchases of MDMA, NEXUS, MDEA and amphetamine. These controlled substances were sold in the form or pills or capsules, and all were purchased from patrons in the licensed premises. The pills were the approximate size of an aspirin and the capsules were slightly larger than a Tylenol capsule. The agents purchased a total of twenty-eight pills and six capsules. There was nothing suspicious about these transactions. In many instances, the transfers took only a few seconds. In some cases, the transactions were done in separate steps so that the exchange of money and drugs was not simultaneous. Most of the individuals selling controlled substances to the agents took steps to disguise the transactions. The drug transactions were not done in an open manner, but in a secretive manner so as to avoid detection. Also, the vast majority of the transactions took place at the time the licensed premises were very crowded. By virtue of the large crowd, loud music, and the dim lighting in the licensed premises, these transactions could easily go undetected. On Thursday nights, the MARZ light show produced strobe-type lighting on the dance floor, making it more difficult, if not impossible, to observe these transactions. Moreover, the size and form these controlled substances made it much easier for them to be handed to someone without being seen or causing suspicion. The investigative reports of Agents Thompson and Caplinger reflect that they visited the licensed premises eleven times in an undercover capacity during the two-month investigation. Ten of those times they purchased controlled substances and one time they did not. Agents Caplinger and Thompson also visited the licensed premises undercover on a Wednesday night, a twelfth night, but did not include their activities of that evening in the investigative report. However, no purchases of controlled substances were made on that Wednesday night. The agents visited the licensed premises six times beginning on a Thursday evening and continuing into a Friday morning, and four times on a Saturday evening continuing into a Sunday morning, and one Sunday evening going into a Monday morning. The agents purchased controlled substances fifteen times on Thursday evenings and/or Friday mornings and six times on Saturday evenings going into Sunday mornings. No purchases were made nor attempted on Wednesday, Friday or Sunday nights. One transaction was completed in the morning hours of Friday, October 3, 1997, shortly before the execution of the Emergency Order of Suspension. Thursday and Saturday nights were the busiest and most crowded nights at the licensed premises. Accordingly, on those nights it was easier for drug transactions to occur and to go undetected. On Thursday evenings, patrons entered the club earlier in the night than on Saturday evenings. Often on Thursday evenings, there was a line of fifty to one hundred people waiting to go inside the licensed premises once it opened for business at 10:00 p.m. By 11:00 p.m. on Thursdays, there were usually 200 to 300 people in the club. By 11:30 to midnight on Thursdays, the club often filled to four hundred patrons. On Thursdays, from midnight to closing, 3:00 a.m., the club was usually almost completely full to its 599 person capacity. On Saturday evenings, it was not unusual for a crowd of 200 to 300 to accumulate at the licensed premises between 11:30 p.m. to 12:00 a.m. Similar to Thursday evenings, often between midnight to 3:00 a.m. on Saturdays, the licensed premises remained almost full to its 599 person capacity. On both Thursday and Saturday evenings, the music was played loudly from opening to closing without any breaks. Due to the typical capacity crowd at the licensed premises and the loud volume of the music on those evenings, communication between patrons would require speaking in above normal tones. It was not unusual for a person to have to cup his hands around the other's ear and yell to communicate at all. The majority of the drug transactions occurred on the days and at the times the licensed premises was most crowded. Though crowded on both Thursday and Saturday evenings, the licensed premises got more crowded earlier on Thursdays. In fact, six of the eleven deals that occurred on Thursday and early Friday morning were between midnight and 1:00 a.m., and the remaining five transactions occurred between 1:20 and 2:20 a.m. On Saturday evenings, when the licensed premises got more crowded later than on Thursday evening, only one drug transaction occurred on the Saturday evening continuing into Sunday morning between 12:00 a.m. and 1:00 a.m. The other five transactions took place on the Sunday morning between 1: 15 a.m. and 2: 30 a.m. Of the twenty-one purchases of controlled substances made by the agents, only four took place before midnight. Those four transactions were concealed or done in place or manner to avoid detection. Of the other seventeen transactions, eleven were made on Thursday evenings continuing into Friday mornings, and six transactions occurred on Saturday evenings continuing into Sunday mornings. Except for the transaction that occurred on October 3, 1997, at 12:05 a.m., before the Emergency Order of Suspension was served, the transactions occurred between the hours of 12:20 a.m. and 2:20 p.m., when the club was most crowded. There is no indication that drug sales were made on the less crowded Wednesday, Friday, and Sunday evenings. Moreover, there is no indication that drug transactions were conducted outside of the club where it was well lit or in the first entry way to the club. For the vast majority of the sales, it was the two agents who picked the day, time, and location of the purchase and sale. In only two of the twenty sales did a patron actually approach either the agents and then consummate a deal. For the remaining eighteen charged sales, it was the agents who approached the suspected drug dealer, usually on or around a crowded dance floor when the club was near or at full capacity. Officers Holder and Gomez of the Tampa Police Department were part of the team investigating the licensed premises. On some of the evenings that they were on the premises, they observed various types of "suspicious" transactions. In some cases, based on their observations, they gave Agents Thompson and/or Caplinger leads as to which patrons the agents should approach for prospective drug transactions. The investigation did not yield any evidence that any owner, manager, or employee of the licensed premises saw any drug purchase or witnessed any drug use or drug possession. Neither was there any indication that the licensee, any manager, or employee of the licensed premises was involved in selling, keeping, or delivering controlled substances on the premises. In Counts 1 through 20 of the Notice to Show Cause, ten different individual patrons were charged with selling controlled substances to Agents Thompson and Caplinger. Agents Thompson and Caplinger visited the licensed premises six times in August of 1997. During that time, thirteen purchases were made from nine of the ten charged drug dealers. Those nine patrons were identified as: Major Singh, Mary Vestil, "Tara," John Milam, Peter Harrison, Glen Hall, Greg, Rory Lambert and Douglas McDaniel. These nine patrons were responsible for selling to Agents Thompson and Caplinger twenty of the twenty-one times. Agents Thompson and Caplinger visited the licensed premises in an undercover capacity four evenings in September 1997. Seven drug purchases were made in September. With one exception, these drug transactions involved some of the individuals listed in paragraph 65. The only other person charged with selling controlled substances to agents in September 1997, was Manuel Marquez, who was responsible for one sale in the early morning hours of Sunday, September 12, 1997. On any given Thursday and Saturday evening, there were twenty to twenty-five staff members working at the licensed premises. Outside the front entrance, there were usually two doormen. Sometimes the VIP room had a special outdoor entrance manned by another doorman. At the club entrance, there was a cashier and another employee, who greeted the patrons. On some occasions a woman staffer would sell beer out of a beer tub toward the front of the club. At each of the larger bars, there were two bartenders and the smaller downstairs bar had one bartender. Two to three bar backs would stock all bars during the evening. The upstairs VIP bar had one bartender earlier in the evening and would have two bartenders later in the evening as the crowd increased. The D.J. and lighting crew worked on the balcony of the second floor. Two managers would report to general manager, Scott Sohl, who would in turn report to his brother, the licensee, Kenneth Sohl. Both managers would frequent various areas of the club during the evening. Scott Sohl and Kenneth Sohl often worked in a second floor office. There were also security personnel at the bottom of the VIP stairs and at the bottom of the stairs to the stage. In the early part of 1996, as the licensed premises became more popular, the licensee, Mr. Kenneth Sohl hired two uniformed, off-duty Tampa Police officers to maintain security outside of the premises. These officers worked on the two busiest nights, Thursdays and Saturdays, from approximately 11:30 p.m. to 3:30 a.m. On the nights that they were on duty, every hour to hour and a half, the officers usually walked through of the club to assist in maintaining overall security for the club. Each manager, doorman, and security person was equipped with a walkie-talkie type radio to communicate with other staff members on duty at the licensed premises. Moreover, each bar was equipped with a radio for the same purpose. The licensed premises was also equipped with video camera surveillance. Cameras were situated inside the front entrance capture views of individuals entering the licensed premises and patrons above and around each bar in the club. A TV monitor situated in the business office of the licensed premises was observed often by the general manager, Scott Sohl or the licensee, Kenneth Sohl. The monitor allowed management to view all areas where video cameras were situated, but did not necessarily allow concealed drug transactions to be seen. Also, the video cameras did not make a permanent record for later review. The licensee, Kenneth Sohl, hired an outside company, Professional, Inc., a food and beverage consultant service, to provide Responsible Vending Training to managers and staff of the licensed premises pursuant to Section 561.705, Florida Statutes. Even though the Division does not currently certify responsible vendors, it did so until 1991, when the law changed and no longer required such certification. In 1990, and prior to the change in the law, the Division issued a letter to Angel Alfonso, owner of Professional, Inc., indicating that his company met the minimum standards set by the Bureau of Vending Training and was being added to the Division's clearinghouse for responsible vendors. At the time of the subject investigation, all of the employees and managers of the licensed premises had received appropriate Responsible Vending Training. Most of the managers and employees had received this training as part of the regular Responsible Vending Training programs provided by Professional, Inc., pursuant to a contract with management of the licensed premises. In January 1997 and May 1997, management of the licensed premises contracted with Mr. Alfonso of Professional Inc. to visit the licensed premises, in an undercover capacity, during business hours to assess whether employees were stealing and whether they were properly performing their responsibilities. During these visits, Mr. Alfonso did not observe any type of illegal drug activity. There were two instances when the off-duty uniformed police officers hired by the licensee assisted in seizing controlled substances. First, in August 1997, a month before the investigation of the club began, staff of the licensed premises alerted police to a counterfeiter. Pursuant to that arrest, MDMA pills were seized from that person. Also, on August 29, 1997, one month into the subject investigation, Officer Julio Martinez of the Tampa Police Department, hired by Respondent as an off- duty officer, confronted a patron in line outside the club. This detention led to a seizure of fifty MDMA pills from that patron. On another occasion during the investigation, Officer Martinez alerted the general manager, Scott Sohl, to a person that the Martinez suspected may have been involved in drug activity. Officer Martinez had seen this suspicious person while he was doing a walk through the club. Mr. Sohl immediately ejected the patron and told him that the club "does not need that kind of stuff around here." Since Club 1509 opened in 1995, several employees were fired by the licensee, Kenneth Sohl, or by manager, Scott Sohl because of suspected drug use or involvement. These firings occurred from as much as a year before the investigation up to one month before the investigation. Mr. Kenneth Sohl became involved in the bar business shortly after high school and has maintained an alcoholic beverage license on and off for the last 18 years. Immediately preceding his venture at 1509 8th Avenue in 1994, Kenneth Sohl owned and successfully operated a rock-n-roll club in Tampa for eight years. While operating that club, Kenneth Sohl never allowed the sale of drugs in his business and was never charged with any violations related to controlled substances. Prior to his involvement with the licensed premises, Kenneth Sohl had owned and operated approximately four other licensed premises without any such violations. Thomas Graham is a six-year veteran of the Hillsborough County Sheriff's Office. Deputy Graham frequented the licensed premises on a regular basis, including Thursday and Saturday nights. During his visits there, Deputy Graham never observed illegal drug use or sales. Through his work, Deputy Graham had some knowledge of what MDMA was, but was unfamiliar with the "street names" for MDMA and its effects on individuals who used it. Deputy Graham has known Kenneth Sohl for at least six years, including much of the time when Kenneth Sohl owned another night club. During the time that Deputy Graham has known Kenneth Sohl, Mr. Sohl has never been involved in drugs and has always cooperated with law enforcement officials. Dr. Augustus Mauser, a professor at the University of South Florida; Dr. Lawrence Shepherd, an emergency room physician; and Dr. Frederick McClimans, an orthopedic surgeon, frequented Club 1509 on Thursday evenings, but more often Saturdays, including the time of the investigation. Although they were usually at the licensed premises several hours, they never observed any drug use or drug transactions. Each of the individuals knew Kenneth Sohl and had they seen any suspicious activity they would have reported it to the licensee, or any manager nearby. In his work as an emergency room physician, Dr. Shepard had experience dealing with and treating patients under the influence of MDMA. Based on his experience, Dr. Shepard indicated that it was not possible to simply look at a person in a club and determine that the individual was under the influence of the controlled substance. Officers Holder and Gomez, who participated in the investigation of the licensed premises, acknowledged that MDMA use in the Tampa area is very new. Although these officers work in law enforcement, they only learned about MDMA within the last year or two. Considering that designer drugs have only recently become popular in the Tampa area, it is not surprising that the licensee, managers, many employees and Mr. Alfonso were not very familiar with these drugs nor the common terms used and associated with their use. During the course of the investigation none of the managers, bartenders, or employees ever saw any drug use or drug deliveries within the licensed premises, or any type of exchange of money for an object that might be an indication of a drug transaction. Had they seen such activities, they were trained to immediately report such activity to a manager or owner. Managers and employees of Club 1509 were aware that the club's policy was that any illegal drug use or activity would not be tolerated on the licensed premises, although this policy was not in writing. Officer Kevin Ahles of the Tampa Police Department has been involved in narcotics investigations for eight years. On October 2, 1997, the night the Emergency Order of Suspension was to be served, Officer Ahles was in the licensed premises in an undercover capacity. Officer Ahles was in the licensed premises "for the couple hours prior to uniforms arriving." When asked what he observed that evening Officer Ahles stated, "To be honest with you, it looked fairly normal, just like any other club." Officer Ahles indicated that the patrons were drinking, dancing, and socializing. Even though Officer Ahles was specifically on the look-out for drug activity, he admitted that he saw "none" in the two hours that he was surveilling the licensed premises. Shortly before or during the investigation of the licensed premises, Dave Mersky, the operator of the MARZ light show featured on Thursday nights, telephoned Captain Ashley of the Division and invited him to view his light show on any Thursday night. It is unclear why Mr. Mersky extended the invitation. However, according to Captain Ashley, Mr. Mersky believed that the Captain Ashley did not like him. Captain Ashley accepted Mr. Mersky's invitation and went to Club 1509 one Thursday evening to observe the light show, although the exact date is unknown. There is no indication that Captain Ashley observed any drug transactions on the Thursday evening that he visited the licensed premises. One week before the execution of the Emergency Order of Suspension, the licensee, Kenneth Sohl, met with Special Agent George Miller of the Division. At that meeting, Kenneth Sohl expressed concern that the Division might not approve of the company that he was using to provide Responsible Vendor Training for managers and staff of Club 1509. Kenneth Sohl asked Agent Miller if that was the case and, if so, could Agent Miller recommend another company. In response to Kenneth Sohl's question, Agent Miller stated that he was prohibited from recommending any company. During this meeting, Mr. Kenneth Sohl also asked Agent Miller if there were any problems that he needed to address with regard to the licensed premises. Agent Miller answered this question in the negative. No time prior to the service of the Emergency Order of Suspension was the Respondent or any of the managers or staff informed of a drug problem in Club 1509. The investigation did not reveal that any owner, manager, or employee was involved in drug activity. After an entire two month investigation, no owner, manager or employee was arrested for any illegal activity. There is no credible evidence that any owner, manager or employee disregarded or ignored known drug use, possession or sales on the licensed premises. The Responsible Vendor Training provided by Professional, Inc., substantially complied with the requirements of law. The training included among other things, a review of Responsible Vending Training and company policies and procedures, and a discussion of the use or trafficking of controlled substances. Respondent did not have signs conspicuously posted in the licensed premises informing customers of the vendor's policy against serving alcoholic beverages to underage persons and informing customers that the purchase of alcoholic beverages by an underage person or the illegal use of or trafficking in controlled substances will result in ejection from the premises and prosecution. Shortly after the service of the Emergency Order of Suspension, Respondent applied to put the subject license in an inactive status. Other business associates of Kenneth Sohl then placed another alcoholic beverage license on the premises, and the premises remains open to this day.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that Petitioner enter a final order dismissing the Administrative Action. DONE AND ENTERED this 8th day of September, 1998, in Tallahassee, Leon County, Florida. CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 8th day of September, 1998. COPIES FURNISHED: Thomas D. Winokur, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 Richard W. Bisconti, Esquire G. Michael Nelson, Esquire 3333 West Kennedy Boulevard Suite 103 Tampa, Florida 33611 Lynda Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Northwood Centre Tallahassee, Florida 32399-0792 Richard Boyd, Director Division of Alcoholic Beverages and Tobacco Department of Business and Professional Regulation 1940 North Monroe Street Northwood Centre Tallahassee, Florida 32399-0792
