Findings Of Fact At all times relevant to this case, Joel Albert Collinsworth held a valid Division of Alcoholic Beverages and Tobacco liquor license for the premises known as the Silver Bullet Bar and Lounge (hereinafter licensed premises), located at 12 North Ninth Street, DeFuniak Springs, Walton County, Florida. Petitioner's Exhibit 1. The license held by Respondent is number 76- 330, Series 2-COP and is limited to the sale of beer and wine on the licensed premises. Investigator Don Taylor is a police officer with the DeFuniak Springs, Florida, Police Department. On Thursday, December 10, 1987, Investigator Taylor entered the licensed premises and seized glass containers of liquid that were marked as Petitioner's Exhibits 2, 3, and 4. The containers were only partly full. Investigator Taylor, has on many occasions, observed, smelled and tasted distilled spirits (and testified that the liquid was whiskey and not wine or beer.) Respondent, Joel Albert Collinsworth was on the licensed premises at the time Exhibits 2, 3, and 4 were seized and was immediately placed under arrest by Investigator Taylor. The three (3) glass containers were taken to the Florida Department of Law Enforcement laboratory in Pensacola, Florida for testing and identification of the liquid contained in the three (3) bottles. The lab results shows that the liquid contained a high concentration of ethyl alcohol. Petitioner's Exhibit 5. Investigator Roy Harris, an 18 year veteran of the Division testified that the concentrations of alcohol listed in Exhibit 5 were sufficiently high that they could not be anything other than distilled spirits. The 2-COP license held by the Respondent allowed only consumption on the premises of beer and wine. The license does not permit possession, consumption or sale of distilled spirits on the licensed premises. The evidence showed that distilled spirits were being possessed and/or consumed on the premises owned and operated by Respondent under his beverage license. Such possession and consumption constitute a violation of Section 562.02, Florida Statutes. Petitioner requested that Respondent's license be revoked for the violation of the Liquor Law. No mitigating facts were presented by Respondent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law it is therefore RECOMMENDED: That Respondent is guilty of the offense set forth in the Notice to Show Cause issued on January 13, 1988, and that Petitioner should revoke the license of Joel Albert Collinsworth, d/b/a Silver Bullet Bar and Lounge. DONE and ENTERED this 22nd day of July, 1988, in Tallahassee, Florida. DIANE CLEAVINGER 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 22nd day of July, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-1295 Petitioner's Proposed Findings of Fact contained in paragraph 1, 2 and 3 have been adopted in substance in so far as material. COPIES FURNISHED: Harry Hooper, Esquire Deputy General Counsel Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1007 W. Paul Thompson, Esquire Post Office Drawer 608 DeFuniak Springs, Florida 32433 Lt. Tom Stout, District Supervisor Division of Alcoholic Beverages and Tobacco 160 Governmental Center Suite 401, 4th Floor Pensacola, Florida 32501 Van B. Poole, Secretary Department of Business Regulation The Johns Building 725 South Bronough Street Tallahassee, Florida 32399-1000 Leonard Ivey, Director Department of Business Regulation Division of Alcoholic Beverages and Tobacco The Johns Building 725 South Bronough Street Tallahassee, Florida 32399-1000
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: The Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, enter a final order dismissing the charges against respondent, R. Hughes, Inc. d/b/a The Odyssey, contained in the Notice To Show Cause in this case. RECOMMENDED this 6th day of December, 1984, in Tallahassee, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9673 Filed with the Clerk of the Division of Administrative Hearings this 6th day of December, 1984.
The Issue Whether Respondent committed the violations alleged in the Emergency Order of Suspension and Notice to Show Cause and, if so, what penalty should be imposed.
Findings Of Fact The Petitioner is the state agency charged with the responsibility of regulating licensed alcoholic beverage establishments. At all times material to the allegations in this case, the Respondent, Marsbar of Kendall, Inc., doing business as Marsbar, held alcoholic beverage license number 23-00706 which is a series 4-COP license. At all times material to the allegations in this case, Marsbar was located at 8505 Mills Drive, R-2, in Miami, Dade County, Florida. At all times material to the allegations in this case, the following persons were officers and/or shareholders of the Respondent corporation: Mark Vasu, Shannon Miller, David Lageschulte, Gerald Joe Delaney, and Henry Long. Others having a direct or indirect interest in the company are: Bonnie M. Vasu, Carole W. Vasu, Paul Lynch, Jonathan G. Delaney, and Douglas Long. Prior to the issuance of the Emergency Order of Suspension which is at issue in this proceeding, the Department conducted an investigation of alleged acts of recurring, illegal narcotic activity on the licensed premises. In furtherance of such investigation, Special Agent Bartelt, Detective Fernandez, and Detective Robertson entered the licensed premises in an undercover capacity for the purpose of purchasing illegal substances. In this regard Special Agent Bartelt observed the two detectives as they attempted to acquire illegal substances from persons within the licensed premises. The investigation at Marsbar began on April 5, 1997, and was concluded on June 12, 1997. In total, the detectives made eight purchases of a substance which was later tested and determined to contain cocaine. Respondent did not object to, nor dispute the accuracy of, the lab reports received into evidence which confirmed the substances contained cocaine. As to the purchase which occurred on April 5, 1997, Detective Robertson approached a male bathroom attendant and represented to him that "Anthony" had sent him. He then asked the attendant for drugs and, by implication in the language of such transactions, requested cocaine. The attendant referred him to a patron of the bar who he described as a man in a black shirt with a black cap. Detective Robertson attempted to locate the patron as he had been described and even asked a security person if he had seen the male. When the security person denied having seen any drug dealers, Detective Robertson went back to the attendant for clarification who then pointed out an individual known in this record as "Juan." After transferring $20.00 to Juan, Detective Robertson received a small plastic bag containing less than one-half gram of cocaine. Upon receipt of the bag, Detective Robertson held the bag at approximately waist level and "flicked" it to verify the amount of the contents. This was done in an inconspicuous manner and simulated the procedure the detective felt was used by drug purchasers to examine the amount of the substance being procured. Although this transaction took place eight or ten feet from a bartender, there is no evidence that the transaction was witnessed by any person other than those participating in the buy. On April 19, 1997, Detective Fernandez went to the female restroom attendant and asked for drugs. After being advised to return later, Detective Fernandez observed an unknown male hand the attendant a plastic bag. In exchange for $25.00, the attendant then delivered a plastic bag containing approximately one-half gram of cocaine to Detective Fernandez. Although Detective Fernandez observed a bartender enter and exit the restroom during the events described in this paragraph, there is no evidence that the bartender observed any or part of the transactions which took place. On May 8, 1997, or the early morning of May 9, 1997, Detective Robertson again approached the male bathroom attendant at Marsbar and requested drugs. On this occasion the attendant, in exchange for $20.00, sold the detective approximately one-half gram of cocaine in the men's restroom. Although there were other patrons of the bar within the restroom, there is no evidence that any of them witnessed the transaction. On May 9, 1997, Detective Fernandez also sought to purchase drugs through the female restroom attendant. Although there were numerous patrons entering and exiting the facility, there is no evidence that anyone observed Detective Fernandez exchange $25.00 for approximately one-half gram of cocaine which was delivered in a small plastic bag. On May 16, 1997, Detective Fernandez purchased two bags of cocaine for $30.00 each from the female restroom attendant following the same procedure described above. Again, there is no evidence that anyone in or near the restroom observed the transactions. Detectives Fernandez and Robertson went to Marsbar again on May 30, 1997 for the purpose of purchasing illegal drugs. Using the same methods described above, Detective Fernandez was unable to purchase cocaine on this date. Detective Robertson, however, after beginning a conversation inside Marsbar, was able to purchase cocaine in the parking lot outside the club. This transaction resulted from contact made with a club patron known in the record as "Alex." This individual and the female restroom attendant introduced Detective Robertson to another patron known in this record as "Al" who later delivered the cocaine in the parking lot. Another male, "Manolito" in this record, approached Al and demanded cocaine he had allegedly been sold but had not received. Conversation regarding the pending sales took place in the licensed club, but it is unknown whether any employee of Marsbar heard the nature of the transactions discussed. A presumably drunken outburst from one bar patron suggests he understood a drug transaction was being discussed. It is undisputed that the actual exchange took place off the licensed premises. Finally, on June 12, 1997, Detective Fernandez returned to Marsbar and for $30.00 was able to purchase approximately one- half gram of cocaine. This purchase, like the others by Detective Fernandez, was through the female restroom attendant and occurred in or near the restroom facility. There is no evidence anyone observed the transaction. At all times material to the allegations of this case, Marsbar was a popular club which was well attended on the nights of this investigation. The audio system for the club, though especially dominating on the dance floor, distributed music throughout the licensed premises. As to the lighting system for the club, at all times material to this investigation, it would have been set at its lowest levels of illumination throughout the licensed premises. Consequently, only the restrooms would have been well lit. At all times material to the allegations of this case, the restroom attendants were not employees of Marsbar or its management company but were contract personnel through a third party valet service operated by David Cook. Marsbar paid Cook to provide restroom attendants. This contract was terminated on June 13, 1997, when Respondent learned of the attendants' alleged involvement in the illegal transactions described above. Further, Marsbar notified Cook of its intention to assist in the prosecution of such individuals. Marsbar is managed by a company known as Chameleon Concepts. In order to effectively identify and minimize potential losses for Marsbar, Chameleon Concepts contracted with a company whose purpose was to audit operations to ensure the overall integrity of the business operation. This auditor, a forensic fraud examiner, was to identify losses or potential losses due to fraud, embezzlement, policy or procedure violations, or other improprieties. Thus, effective October 1, 1996, Marsbar was voluntarily being reviewed by an independent company for potential improprieties. The auditor for the company, John Capizzi, found no violations of policy, alcoholic beverage rules, or regulations. Prior to the investigation of this case, Marsbar employees have been required to participate in responsible vendor programs. Marsbar management routinely conducts meetings wherein responsible vendor practices are discussed. Marsbar and Chameleon Concepts have developed written employee handbooks and policies which specifically admonish employees regarding illegal substances on the licensed premises. Marsbar employees and managers are instructed to advise the management of any suspected illegal substances on the licensed premises. In the past, Marsbar has participated in campaigns designed to retain false identification used by suspected underage drinkers to gain entrance to licensed premises. The testimony of Mr. Vasu, regarding efforts of the company to comply with all rules or regulations of the Department, has been deemed credible and persuasive regarding Marsbar's position on illegal drug transactions. Management would not condone or allow illegal drug sales if they were known to it. None of the officers or shareholders of Marsbar were aware of the illegal drug transactions occurring on the licensed premises. Cocaine is a controlled substance, the sale of which is prohibited by Florida law. None of the purchases described herein were of such a nature or were so conspicuously transacted that a reasonable person would have known illegal sales were taking place. None of the patrons of the club who testified for Respondent were aware that illegal drug sales took place within the licensed premises. Neither of the detectives making the purchases acted in a flagrant or open manner. Moreover, neither of the detectives attempted to verify whether or not bartenders, security guards, or managers employed by Marsbar were aware of the restroom attendants' illegal activities. In addition to selling illegal drugs, the restroom attendants handed out towels to club patrons and offered for sale personal toiletry items at tables maintained within the restroom. For a club patron to have money to purchase such items or tip the attendant would be reasonable.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, enter a final order dismissing the Emergency Order of Suspension. DONE AND ENTERED this 23rd day of July, 1997, in Tallahassee, Leon County, Florida. J. D. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of July 1997. COPIES FURNISHED: Miguel Oxamendi, Senior Attorney Department of Business and Professional Regulation Division of Alcoholic Beverages and Tobacco 1940 North Monroe Street Tallahassee, Florida 32399-1007 Louis J. Terminello, Esquire Chadroff, Terminello & Terminello 2700 Southwest 37th Avenue Miami, Florida 33133-2728 Richard Boyd, Director Division of Alcoholic Beverages and Tobacco Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact The Respondents, Conrad F. and Shirley Bouchard, are holders of beverage license number 39-790, series number 2APS. This license is issued to the licensed premises, Brandon Beverage Center, located at 118 Margaret Street, Brandon, Florida. The license was obtained by the Respondents by transfer on August 21, 1981. The licensed premises is a drive-through store which sells beer and wine, milk, bread, and other grocery items. Conrad F. Bouchard, Sr., is one of the owners and licensees and is also the manager of the store. His regular working hours are from 8:30 or 9:00 A.M. to 4:30 or 5:00 P.M. He occasionally is required to work evenings and weekends. Conrad F. Bouchard, Jr., also known as Butch, is the son of the Respondents and worked nights at the licensed premises. On April 1, 1982, the Respondent was given a written warning from Beverage Officer George Miller that there had been complaints about sales of alcoholic beverages to minors at the licensed premises. On October 27, 1982, an employee of Respondent, named Scott Steinberg, was arrested for selling alcoholic beverages to minors. As a result of this, the Division of Alcoholic Beverages by Notice to Show Cause brought formal administrative charges against the Respondents. The charges against the Respondents resulted in a stipulation and settlement with the Respondents agreeing to pay a $300 fine. On July 22, 1983, Scott Steinberg was arrested for selling alcoholic beverages to minors and formal administrative charges were brought against the Respondents as a result of the alleged sales to minors. These charges are still pending. On the evening of October 11, 1983, at approximately 9:00 P.M., Detectives Michael Ray and Mark Olive of the Hillsborough County Sheriff's Office, went to the licensed premises to investigate complaints relating to the sale of drugs on the licensed premises. They were accompanied by a confidential informant. Upon arriving at the licensed premises, Butch Bouchard approached the vehicle and the confidential informant asked if he had any marijuana they could purchase. Butch Bouchard responded that he did. Scott Steinberg, another employee working at the licensed premises, approached the vehicle and took $26 from Detective Ray as payment for the marijuana. Butch Bouchard then returned to the vehicle holding a cigarette carton with the top torn off. He handed the carton to the confidential informant who in turn handed it to Detective Ray. The carton contained a baggie containing approximately five grams of marijuana (cannabis), a controlled substance under Florida Statute 893.13 (1981). On October 13, 1983, at approximately 9:10 P.M., Detectives Ray and Olive returned to the licensed premises. As they stopped their vehicle inside the drive-through store, Butch Bouchard approached Detective Ray. Ray asked Butch Bouchard if they could purchase some marijuana. Bouchard looked in the backseat of the vehicle and saw the confidential informant and then walked over to the office area. Bouchard then returned with a paper bag which he handed to Detective Ray. Detective Ray handed $25, the agreed price of the marijuana, to Bouchard. The paper bag contained a clear plastic baggie filled with marijuana. On this particular evening, Butch Bouchard was the only employee on the licensed premises. In the early evening of October 17, 1983, Detective Ray, accompanied by Detective Tony Roper, drove into the licensed premises. Butch Bouchard approached the vehicle and Detective Ray asked if he could purchase some marijuana. Butch Bouchard then asked Detective Ray to get out of his vehicle and select which bag he wanted. Butch Bouchard had several bags in his hand and asked Detective Ray to look at them. Detective Ray selected one bag and purchased it from Butch Bouchard. The bag contained marijuana. On October 20, 1983, at approximately 9:00 P.M. Detectives Ray and Roper returned to the licensed premises. Officer Ray purchased a plastic baggie of marijuana from Butch Bouchard for $25. On November 10, 1983, Detective Roper and Detective Mathai, Hillsborough County Sheriff's Office, went to the licensed premises and asked to buy a bag of marijuana from Butch Bouchard. Butch said he did not have any and asked them to come back later. When the detectives returned the Beverage Center was closed and Butch Bouchard was in the parking lot. Butch came over to the Detectives' car and sold them a plastic baggie of marijuana. On November 17, 1983, Detectives Geoffry Dean Mathai and John Zdanwic of the Hillsborough County Sheriff's Office, went to the licensed premises. On a prior occasion, Detective Mathai had gone with Detective Tony Roper to the licensed premises and had talked with Butch Bouchard about marijuana. On this evening, Detective Mathai asked Butch Bouchard if he remembered Tony and after a short conversation Mathai asked Butch if he could buy some marijuana. Butch said yes and asked how many bags. Detective Mathai told him they wanted two bags. Butch left the car, went into the office and returned a couple of minutes later with a Benson & Hedges cigarette carton. He handed the carton to Detective Mathai and Detective Mathai and Detective Zdanwic each handed him cash. The two detectives also had ordered a beer each and received the beer and change from Butch Bouchard. The cigarette carton contained two plastic baggies of marijuana. Detectives Mark Olive and Swann also made a purchase of marijuana at the licensed premises on the evening of November 17, 1983. The two detectives drove into the licensed premises and asked Butch Bouchard if they could purchase a $25 bag of marijuana and asked if he had that much. Butch responded yes and walked to the office area and then came back with a cigarette carton which he handed to Detective Olive. The carton contained a plastic baggie of marijuana. Butch Bouchard was paid $25 for the bag of marijuana. The only employees observed on the licensed premises this night were Butch Bouchard and Scott Steinberg. On the evening of November 22, 1983, Detective Ray and several other officers went to the licensed premises to serve a search warrant. When they arrived, Detective Ray spoke to Conrad Bouchard and asked if they could purchase some marijuana. Butch answered yes and went over to the area of the cash register and office area. Detective Ray then got out of his car and walked over to the office where he saw Butch Bouchard crouched down and looking at five bags of marijuana. Detective Ray identified himself as a police officer and Butch then grabbed the bags and ran into the bathroom and tried to flush the marijuana down the toilet. Detective Ray caught Butch before he could flush the toilet. After arresting Butch Bouchard, the officers searched Butch's car and found a pipe and two more plastic baggies of marijuana. When Butch was crouched looking at the bags of marijuana, Scott Steinberg was present in the same area. On each of the evenings that purchases of controlled substances were made at the licensed premises, no employees other than Butch Bouchard and Scott Steinberg were present at the licensed premises. Neither Butch Bouchard nor Scott Steinberg is a night manager. Both these individuals are merely sales clerks. The only manager for the licensed premises is Conrad F. Bouchard, Sr. Although the normal working hours for Conrad F. Bouchard, Sr., is 8:30 to 4:30 or 5:00 P.M., he occasionally returns to the licensed premises in the evenings to check on things. Mrs. Bouchard also makes a point of stopping by the licensed premises in the evening. Occasionally, Mr. or Mrs. Bouchard would check on the licensed premises without the employees being aware they were observing. Mr. and Mrs. Bouchard had no knowledge of the drug transactions which took place on the licensed premises. Shortly after acquiring the licensed premises, Mr. Bouchard fired several of the previous employees for selling alcoholic beverages to minors. Until the arrest of Butch Bouchard and Scott Steinberg for drug violations, there was no evidence that any disciplinary action was taken by the licensee against these two individuals for sales to minors on two occasions. Mr. Bouchard had a clear policy against selling alcoholic beverages to minors. He constantly instructed employees to check identification. There was no evidence of instructions or warnings having been given relating to other types of illegal activity. During July and August, 1983, Mr. and Mrs. Bouchard took separate vacations in order for one of them to be available to oversee the operation at the licensed premises. The licensed premises enjoys a good reputation in the community as a clean, well-run establishment. The Respondents individually enjoy an excellent reputation in the community as honest, hardworking people.
Recommendation Based on the foregoing findings of fact and conclusions of law it is RECOMMENDED: That a final order be entered finding the Respondents guilty of the violations as set forth above and imposing a civil penalty of $1400 and a suspension of the beverage license for a period of 30 days. DONE and ORDERED this 21st day of December, 1983, 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 21st day of December, 1983. COPIES FURNISHED: Howard M. Rasmussen, Director Division of Alcoholic Beverages and Tobacco 725 South Bronough Street Tallahassee, Florida 32301 Gary R. Rutledge, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Harold F. X. Purnell, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Danny Hernandez, Esquire 707 Swann Avenue Tampa, Florida 33606
The Issue This case concerns the application of William E. Morey, who does business as Morey's Restaurant, to acquire a new series 2-COP beverage license from the Respondent, State of Florida, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, in which the Respondent has denied the license application on the grounds that the granting of such a license would be contrary to provisions of Section 561.42, Florida Statutes, and Rule 7A-4.18, Florida Administrative Code. These provisions of the Florida Statutes and Florida Administrative Code deal with the prohibition of a financial interest directly or indirectly between distributors of alcoholic beverages and vendors of alcoholic beverages.
Findings Of Fact The Petitioner, Willian E. Morey, applied to the State of Florida, Departent of Business Regulation, Division of Alcoholic Beverages and Tobacco, for the issuance of series 2-COP alcoholic beverage license. By letter dated, January 23, 1979, the Director of the Division of Alcoholic Beverages and Tobacco denied the application based upon the belief that such issuance wood violate the provisions of Section 561.42, Florida Statutes, and Rule 7A-4.18, Florida Administrative Code. The pertinent provision of Section 561.42, Florida Statutes, states: 561.42 Tied house evil; financial aid and assistance to vendor by manufacturer or distributor prohibited; procedure for en- forcement; exception.-- (1) No licensed manufacturer or distributor of any of the beverages herein referred to shall have any financial interest, directly or indirectly, in the establishment or business of any vendor licensed under the Beverage Law, nor shall such licensed manu- facturer or distributor assist any vendor by any gifts or loans of money or property of any description or by the giving of rebates of any kind whatsoever. * * * In keeping with the general principle announced in Section 561.42, Florida Statutes, the Respondent has enacted Rule 7A-4.18, Florida Administrative Code, which states: 7A-4.18 Rental between vendor and distri- butor prohibited. It shall be considered a violation of Section 561.42, Florida Sta- tutes, for any distributor to rent any property to a licensed vendor or from a licensed vendor if said property is used, in whole or part as part of the licensed premises of said vendor or if said property is used in any manner in connection with said vendor's place of business. The facts in this case reveal that William E. Morey leases the premises, for which he has applied for a license, from Anthony Distributors, Inc., of 1710 West Kennedy Boulevard, Tampa, Florida. Anthony Distributors, Inc., is the holder of a J-DBW license to distribute alcoholic beverages in the State of Florida. This license is held with the permission of the State of Florida, Division of Alcoholic Beverages and Tobacco. Consequently, the issuance of a series 2-COP license to William E. Morey at a time when he is leasing the licensed premises from a distributor of alcoholic beverages, namely, Anthony Distributors, Inc., would be in violation of Section 561.42, Florida Statutes, and Role 7A-4.18, Florida Administrative Code.
Recommendation It is recommended that the Petitioner, William E. Morey's application for a series 2-COP beverage license be DENIED. DONE AND ENTERED this 10th day of August, 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: Willian E. Morey d/b/a Morey's Restaurant 4101 North 66th Street St. Petersburg, Florida 33709 Mary Jo M. Gallay, Esquire Staff Attorney Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
The Issue Whether or not on or about September 28, 1976, one Leouigildo Hernandez, an agent, servant or employee of the beverage licensed premises of Intimo Lounge, Inc., d/b/a Intimo Lounge, did have in his possession, on the aforementioned beverage license premises, a controlled substance, to wit; cocaine, contrary to Section 893.13, F.S., thereby violating Section 561.29, F.S. Whether or not on or about September 28, 1976, one Leouigildo Hernandez, an agent, servant or employee of the beverage license premises of Intimo Lounge, Inc., d/b/a Intimo Lounge, did have in his possession, with the intent to sell, a controlled substance; cocaine, and whether said cocaine was sold to one E. Santiago, for the price of $100 in U.S. currency, and whether said sale was consummated at the aforementioned beverage license premises, on the aforementioned date, contrary to Section 893.13, F.S., thereby violating Section 561.29, F.S. Whether or not on or about October 30, 1976, one Thelma Bilbao, a/k/a Thelma Clemencia Cruz, a/k/a Thelma Morales, an agent, servant or employee of the beverage license premises of Intimo Lounge, Inc., d/b/a Intimo Lounge, did have in her possession, on the aforementioned beverage license premises, a controlled substance, to wit; cocaine contrary to Section 893.13, F.S. thereby violating Section 561.29, F.S. Whether or not on or about October 30, 1976, one Thelma Bilbao, a/k/a Thelma Clemencia Cruz, a/k/a Thelma Morales, an agent, servant or employee of the beverage license premises of Intimo Lounge, Inc. d/b/a Intimo Lounge, did have in her possession, with the intent to sell, a controlled substance, to wit; cocaine, and whether or not said cocaine was sold to one E. Santiago, for the price of $100 U.S. currency, and whether or not said sale was consummated at the aforementioned beverage licensed premises on the aforementioned date, contrary to Section 893.13, F.S., thereby violating Section 561.29, F.S. Whether or not on November 4 & 5, 1976, one Thelma Bilbao, a/k/a Thelma Clemencia Cruz, a/k/a Thelma Morales, an agent, servant or employee of the beverage licensed premises of Intimo Lounge, Inc., d/b/a Intimo Lounge, did have in her possession, on the aforementioned beverage licensed premises, a controlled substance, to wit; cocaine, contrary to Section 893.13, F.S., thereby violating Section 561.29, F.S. Whether or not on or about November 4 & 5, 1976, one Thelma Bilbao, a/k/a Thelma Clemencia Cruz, a/k/a Thelma Morales, an agent, servant or employee of the beverage licensed premises of Intimo Lounge, Inc., d/b/a Intimo Lounge, did have in her possession, with the intent to sell, a controlled substance, to wit; cocaine, and whether or not said cocaine was sold to one E. Santiago, for the price of $2,200, U.S. currency, and whether or not said sale was consummated at the aforementioned beverage licensed premises, on the aforementioned date, contrary to Section 893.13, F.S., thereby violating Section 561.29, F.S. A count seven was originally charged against the Respondent, but that charge was dismissed at the commencement of the hearing. A count eight was originally charged against the Respondent, but that charge was dismissed at the commencement of the hearing. Whether or not on or about November 20, 1976, a bottle of non-tax paid alcoholic beverage, labeled Ron Medeliin Rum, was discovered on the licensed premises, and whether or not said bottle bore no federal strip stamp or any other indication that the lawfully levied federal and/or state taxes had been paid, contrary to Section 562.16, F.S., thereby violating Section 561.29, F.S. Whether or not on or about September 1, 1976, and continuing until on or about November 24, 1976, the beverage licensed premises of Intimo Lounge, Inc., d/b/a Intimo Lounge, did maintain a public nuisance, to wit; maintain a place where controlled substances were illegally sold, kept or used, contrary to Section 823.10, F.S., thereby violating Section 561.29, F.S. Whether or not investigation revealed that on or about November 20, 1976, the Respondent, its agent, servant, or employee, did remove, deposit, or conceal a beverage, to wit, one (1) 2,000 cc bottle of Ron Medeliin Rum, with the intent to defraud the state of tax, contrary to Section 562.32, F.S. and Section 562.30, F.S., thereby violating Section 561.29, F.S.
Findings Of Fact At all times material to this complaint the Respondent, Intimo Lounge, Inc., d/b/a Intimo Lounge, was the holder of a license no. 23-1901, held with the State of Florida, Division of Beverage, and that license was for the premises located at 1601 Collins Avenue Miami Beach, Florida. The management of the licensed premises makes arrangements to hire entertainment in the form of musicians. This arrangement is made through agreement with the band leader. One of these agreements was made with a band leader who had as his band member Leouigildo Hernandez. On September 28, 1976, Officer E. Santiago, of the Miami Beach, Florida, Police Department entered the licensed premises and while in the licensed premises entered into discussion with Hernandez. Hernandez left the bar proper and came back with an amount of a substance known as cocaine. Santiago paid Hernandez $100 for the quantity of cocaine and the sale was consummated in the licensed premises. On October 30, 1976, Officer Santiago returned to the licensed premises. Santiago had been in the licensed premises many times prior to that occasion. Among the persons he had seen in the bar was Thelma Bilbao, a/k/a Thelma Clemencia Cruz, a/k/a Thelma Morales. Morales was the girlfriend of Anthony Bilbao, one of the principals in the ownership of the licensed premises. Morales had also served Santiago drinks in the bar on more than 50 occasions. On the evening in question, October 30, 1976, discussion was entered into between Santiago and Morales about the purchase of a substance known as cocaine. Morales produced a quantity of the cocaine and reached across the bar that she was standing behind and handed the quantity of the substance cocaine to Santiago, who was in the area where customers were served at the bar. Santiago paid her $100 for the cocaine. In the late hours of November 4 and early hours of November 5, 1976, Santiago again entered the licensed premises, his purpose for going to the licensed premises was to purchase a large quantity of cocaine from Morales. This arrangement had been entered into based upon the sample of cocaine that had been provided him on October 30, 1976. Morales left the licensed premises and returned 3 to 5 minutes later with a quantity of cocaine, for which Santiago paid her $2,200. On one of the above occasions of a purchase of cocaine from Morales, while in the licensed premises, Morales had conferred with Anthony Bilbao. In the course of that conference, Bilbao told Morales to be careful to whom she sold because "you don't know him", meaning Santiago. In the course of an investigation in the license premises on November 28, 1976, a bottle of non-tax-paid alcoholic beverage, labeled Ron Medeliin Rum, was discovered in the licensed premises, which bore no federal strip stamp or any other indication that the lawfully levied federal and/or state taxes had been paid. The size of the bottle was 2,000 cc.
Recommendation Based upon the violations as established in the hearing on the notice to show cause, it is recommended that the license no. 23-1901 held by Respondent, Intimo Lounge, Inc., d/b/a Intimo Lounge, be revoked. DONE AND ENTERED this 24th day of February, 1977, in Tallahassee ,Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: William Hatch, Esquire Michael B. Solomon, Esquire Division of Beverage Theodore M. Trushin, Law Office The Johns Building 420 Lincoln Road, Number 600 725 Bronough Street Miami Beach, Florida 33139 Tallahassee, Florida 32304 Nathaniel Barone, Esquire 777 N.E. 79th Street Miami, Florida 33138
The Issue The issue presented in whether an agent or employee of Respondent sold alcoholic beverages to a person under the age of 21, in violation of Section 562.11(1)(a), Florida Statutes, as alleged in the Administration Action issued September 10, 1997, and if so, what penalty is appropriate.
Findings Of Fact At all times relevant and material to this proceeding, Respondent held alcoholic beverage license no. 74-01498, series 2APS, for an establishment known as My Super Store ("the licensed premises"), located at 701 South Martin Luther King Boulevard, Daytona Beach, Volusia County, Florida. Daytona Beach Police Department opened an investigation of the licensed premises after it received numerous complaints of illegal activity at the licensed premises. Paris Anthony is a black female born on June 13, 1977, and was 19 years old on May 5 through May 21, 1997. On May 5, 1997, Ms. Anthony entered the licensed premises and selected a bottle marked "beer" from the store's cooler. The bottle bore the manufacturer's trade mark for "Bud Ice." Ms. Anthony brought the beer to the sales counter and tendered payment to the cashier. The cashier accepted payment for the beer, but did not ask Ms. Anthony for any identification before accepting payment and selling the beer to her. When Ms. Anthony asked for a receipt for the beer, the cashier, in a raised voice, commented to Ms. Anthony, "Well, you're not old enough, are you?" or words to that effect. Ms. Anthony answered that she was not, but was nonetheless permitted to leave the premises with the bottle of beer. During the conversation between the cashier and Ms. Anthony, Respondent was seated an arm's length away from the cashier. Respondent was not talking to anyone at the time. Although Respondent looked up at Ms. Anthony and the cashier during the exchange reported in paragraph 5, above, he took no action in response to the assertion that Ms. Anthony was not of legal age to purchase alcoholic beverages. On May 7, 1997, Ms. Anthony entered the licensed premises and selected a bottle marked "beer" from the store's cooler. The beer bore the manufacturer's trademark for "Bud Ice." Ms. Anthony brought the beer to the sales counter and tendered payment to the same cashier who was working behind the counter on May 5, 1997. The cashier did not ask Ms. Anthony for any identification before accepting payment and selling the beer to her. Ms. Anthony departed the licensed premises with the bottle of beer. The Respondent was observed on the premises by Ms. Anthony at the time of the purchase. On May 21, 1997, Ms. Anthony entered the licensed premises and selected a bottle marked "beer" from the store's cooler. The beer bore the manufacturer's trademark for "Bud Ice." Ms. Anthony brought the beer to the sales counter and tendered payment to the same cashier who was working behind the counter on May 5 and May 7, 1997. The cashier did not ask Ms. Anthony for any identification before accepting payment and selling the beer to her. Ms. Anthony departed the licensed premises with the bottle beer. The Respondent was observed on the premises by Ms. Anthony at the time of the purchase. At hearing, nine months after the incident, Ms. Anthony appeared to be a young woman of an age that a prudent person would check to determine whether she was 21 years old. Respondent testified he had no employees at the time of the violations, but allowed "volunteers" to help him on the licensed premises, including Benette Lisa Brown. According to the Respondent, he was always on site, and in charge. The "volunteers," according to Respondent, did not work the cash register; however, Respondent's testimony was not consistent with Ms. Anthony's and that of a former "volunteer." Respondent's testimony was not credible. The person at the sales counter was working under the supervision of Respondent who was present on the premises each occasion Ms. Anthony purchased beer. At the time of the violations, Respondent did not have signs posted on the licensed premises informing customers that the vendor had a 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 licensed premises and prosecution. The training of employees or agents was inadequate and their supervision poor.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is RECOMMENDED: That Respondent's alcoholic beverage licensee No. 74-01498, series 2APS, be suspended for a period of 30 days, and it is further recommended that Respondent be ordered to pay a $1,000 civil penalty to the Petitioner. DONE AND ENTERED this 25th day of March, 1998, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 25th day of March, 1998. COPIES FURNISHED: Thomas D. Winokur, Esquire Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 Joan Lowe, Esquire 520 North Ridgewood Avenue Daytona Beach, Florida 32114-2188 Richard Boyd, Director Division of Alcoholic Beverages and Tobacco 1940 North Monroe Street Tallahassee, Florida 32399-1007 Lynda L. Goodgame, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007
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 August 9, 1975, Martha L. Washington, a licensed vendor did have in her place of business, one (1) four-fifths brokenseal bottle of Barcardi Rum, Light, not authorized by law to be sold under her license, contrary to Section 562.02, Florida Statutes.
Recommendation It is recommended that a civil penalty in the amount of $200.00 be imposed against the license of Martha L. Washington for the violation established through the allegation of the subject Administrative Complaint. DONE and ENTERED this 17th day of February, 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: William Hatch, Esquire Department of Business Regulation 725 Bronough Street Tallahassee, Florida 32304 Martha L. Washington 1085 Palmetto Street Bartow, Florida
Findings Of Fact Respondent, Edna P. Smith, d/b/a Silver Tip Beer And Wine, holds Alcoholic Beverage License Number 69-465, Series Number 2-COP, to operate Silver Tip Beer And Wine at 1509 West 13th Street, Sanford, Seminole County, Florida. Due to her age and bad health, Respondent hired a manager named Joseph Lee Solomon (Joe) to operate the licensed premises and herself withdrew from the operation and supervision of the licensed premises approximately one to one and one-half years ago. Since then, Respondent's only contact with the operation or supervision of the licensed premises was to receive her profits from Joe. On or about October 22, l985, while he was actively engaged as the manager on the licensed premises, Joe did unlawfully aid, abet, counsel, hire or otherwise procure the sale/or delivery of a controlled substance as defined in Section 893.03, Florida Statutes, to wit: aided a patron, in selling marijuana to a third party, on the licensed premises, in violation of Sections 777.011 and 893.13(1)(a), Florida Statutes. On or about October 28, 1985, while he was actively engaged as the manager on the licensed premises, Joe did unlawfully aid, abet, counsel, hire or otherwise procure the sale and/or delivery of a controlled substance as defined in Section 893.03, Florida Statutes, to wit: aided a patron, in selling marijuana to a third party, on the licensed premises, in violation of Sections 777.011 and 893.13(1)(a), Florida Statutes. On or about November 6, 1985, while he was actively engaged as the manager on the licensed premises, Joe did unlawfully aid, abet, counsel, hire or otherwise procure the sale and/or delivery of a controlled substance as defined in Section 893.03, Florida Statutes, to wit: aided a patron, in selling marijuana to a third party on the licensed premises, in violation of Sections 777.011 and 893.13(1)(a) within Section 561.29(1)(a), Florida Statutes. On or about November 18, 1985, while he was actively engaged as the manager on the licensed premises, Joe did unlawfully possess and sell and/or deliver a controlled substance as defined in Section 893.03, Florida Statutes, to wit: sold and personally delivered marijuana to a third party, on the licensed premises in violation of Section 893.13(1)(a), Florida Statutes. On or about November 21, 1985, while he was actively engaged as the manager on the licensed premises, Joe did unlawfully possess and sell and/or deliver a controlled substance as defined in Section 893.03, Florida Statutes, to wit: sold and personally delivered cocaine to a third party, on the licensed premises in violation of Section 893.13(1)(a), Florida Statutes. On or about November 25, 1985, while he was actively engaged as the manager of the licensed premises, Joe did unlawfully possess and sell and/or deliver a controlled substance as defined in Section 893.03, Florida Statutes, to wit: sold and personally delivered cocaine to a third party, on the licensed premises in violation of Section 893.13(1)(a), Florida Statutes. On or about December 5, 1985, while he was actively engaged as the manager of the licensed premises, Joe did unlawfully possess and sell and/or deliver a controlled substance as defined in Section 893.03, Florida Statutes, to wit: sold and personally delivered cocaine to a third party, on the licensed premises in violation of Section 893.13(1)(a), Florida Statutes. On or about December 16, 1985, while he was actively engaged as the manager of the licensed premises, Joe did unlawfully possess and sell and/or deliver a controlled substance as defined in Section 893.03, Florida Statutes, to wit: sold and personally delivered cocaine to a third party, on the licensed premises in violation of Section 893.13(1)(a), Florida Statutes. The transactions referred to in paragraphs 3. through 10. above occurred in view of all patrons in the licensed premises at the time. In addition, patrons openly smoked marijuana, snorted cocaine and injected drugs hypodermically in front of Joe, the manager, during the time period from approximately October 22, 1985, through December 19, 1985. There was no need to hide these activities from Joe because he knew about them and condoned them. On December 19, 1985, Joe was arrested and was in possession of cocaine in violation of Section 893.13(1)(a), Florida Statutes. It was not proved that Respondent had actual knowledge of the violations described in paragraphs 3. through 10. and 12. above. Nor was it proved that she actually condoned them. But it was proved that Respondent was negligent in supervising her manager, Joe, and the operation of the licensed premises. Her negligence allowed the violations to take place easily and with impunity until her license was suspended.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that Petitioner, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, enter a final order revoking Alcoholic Beverage License Number 69-465, Series 2-COP, held by Respondent, Edna P. Smith, d/b/a Silver Tip Beer And Wine, 1509 West 13th Street, Sanford, Florida. RECOMMENDED this 24th day of January, 1986, at Tallahassee, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of January, 1986. COPIES FURNISHED: Thomas A. Klein, Esq. Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Edna P. Smith 1900 West 18th Street Sanford, Florida 32771 Howard M. Rasmussen, Director Division of Alcoholic Beverages and Tobacco Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Richard B. Burroughs, Jr., Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
