The Issue This case was presented through a Notice to Show Cause/Administrative Complaint filed by the Petitioner, State of Florida, Division of Alcoholic Beverages and Tobacco, against the Respondent, Norma D. Kettering, t/a Fancy Dancer, in which the requested relief is for the imposition of civil penalty, suspension or revocation of the beverage license allegedly held by Norma D. Kettering. The Notice to Show Cause/Administrative Complaint contains the following accusations: "1. On or about the 27th of March, 1980, you, NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit "JOHN DOE" on your licensed premises, a public place, did unlawfully sell or deliver, or possess with intent to sell, or deliver, a controlled substance to wit; METHAQUALONE to one Robert R. Jones, Beverage Officer, for the sum of $3.50 each, U.S. Currency, contrary to F.S. 561.29 to wit F.S. 893.13. On or about the 27th of March, 1980, you, NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit; DEBORAH MARIE ALTIZER, a/k/a "GINGER", dancer, on your licensed premises, a public place, did unlawfully sell or deliver or possess with intent to sell or deliver a controlled substance to wit; METHAQUALONE, to one ROBERT R. JONES, Beverage Officer, for the sum of $3.50 each, U.S. Currency, contrary to F.S. 561.29 to wit; F.S. 893.13. On or about the 27th of March, 1980, you, NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit; TAMMIE R. FRANCIS, a/k/a "RINA", dancer, on your licensed premises, a public place, did unlawfully offer to commit an act of prostitution, by giving her body for sexual intercourse to one ROBERT R. JONES, Beverage Officer, for the sum of $50.00 U.S. Currency, contrary to F.S. 561.29 to wit; F.S. 796.07(3) (A). On or about the 9th of April, 1980, you, NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit KATHY JEANETTE BROWN, a/k/a "KATHY", dancer, on your licensed premises, a public place, did unlawfully offer to commit an act of prostitution, by giving her body for sexual intercourse to one C. E. LLOYD, Beverage Officer, for the sum of $100.00, U.S. Currency, contrary to F.S. 561.29 to wit F.S. 796.07(3) (A). On or about the 9th of April, 1980, you, NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit; KATHY JEANETTE BROWN, a/k/a "KATHY", dancer, on your licensed premises, a public place, did unlawfully offer to commit an act of prostitution, by giving her body for sexual intercourse to one C. E. LLOYD, Beverage Officer, for the sum of $100.00 U.S. Currency, contrary to F.S. 561.29 to wit F.S. 796.07(3) (A). On or about the 12th of April, 1980, you, NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit; "CINNAMON", dancer, did unlawfully offer to commit an act of prostitution on your licensed premises, a public place, by giving her body for sexual intercourse to one B.A. WATTS, JR., Beverage Officer, for the sum of $20.00 U.S. Currency, contrary to F.S. 561.29 to wit F.S. 796.07(3)(A). On or about the 12th of April, 1980, you NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit; TAMMIE R. FRANCIS a/k/a "RINA", dancer, did unlawfully offer to commit an act of prostitution on your licensed premises, a public place, by giving her body for sexual intercourse to one M. L. IMPERIAL, Beverage Officer, for the sum of $50.00 U.S. Currency, contrary to F.S. 561.29 to wit F.S. 796.07(3) (A). On or about the 13th of April, 1980, you, NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit; "TAMMY", dancer, did unlawfully offer to commit an act of prostitution on your licensed premises, a public place, by giving her body for sexual intercourse to one B.A. WATTS, JR., Beverage Officer, for the sum of $75.00, U.S. Currency, contrary to F.S. 561.29 to wit F.S. 796.07(3)(A). On or about the 13th of April, 1980, you, NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit; "LICORICE", dancer, did unlawfully offer to commit an act of prostitution on your licensed premises, a public place by giving her body for sexual intercourse to one M. L. IMPERIAL, Beverage Officer, for the sum of $75.00 U.S. Currency, contrary to F.S. 561.29 to wit F.S. 796.07(3)(A). On or about the 13th of April, 1980, you NORMA D. KETTERING, licensed under the beverage law, your agent, servant or employee, to wit; DEBORAH MARIE ALTIZER, a/k/a "GINGER", dancer, did unlawfully sell or deliver, or possess with intent to sell or deliver on your licensed premises, a public place, a controlled substance to wit; METHAQUALONE to one ROBERT R. JONES, Beverage Officer, for the sum of $4.00 each, U.S. Currency, contrary to FS. 561.29 to wit F.S. 893.13."
Findings Of Fact The Petitioner has complained against the named Respondent pursuant to those accusations as set forth in the issues statement of this Recommended Order. The Respondent requested a formal hearing to be conducted in accordance with the provisions of Subsection 120.57(1), Florida Statues, and although the Respondent did not attend the hearing, the Respondent having requested the hearing, the Petitioner's case was presented. The Petitioner in this cause, 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 the several beverage license holders in the State of Florida. Norma D. Kettering, who trades under the name of Fancy Dancer, is the holder of License No. 69-293, Series 2-COP, which allows for the consumption of alcoholic beverages on the premises. The license is for a premises at Highways 17 and 92, Fern Park, Florida. The facts reveal that Beverage Officer Robert R. Jones went to the licensed premises on March 27, 1980, to investigate alleged Beverage Law violations. Those violations dealt with offers by the agents, servants or employees of the licensee to commit acts of prostitution. Once inside the premises, Officer Jones was approached by a dancer in the premises whose stage name is "Ginger", who commented to Officer Jones that she was loaded on "Quaaludes". (The word "Quaalude" refers to the substance Methaqualone.) Officer Jones asked "Ginger" if she knew where he could get "Quaaludes". In response to this request, "Ginger" left the officer and went to an unknown white male who was seated in a chair in the establishment. He took two Methaqualones from his person and gave them to "Ginger", who in turn gave them to Officer Jones in return for money. On that same date, March 27, 1980, "Ginger" was seen to dance for the patrons while attired In a "G" string costume. She danced both on the main stage and in the area of the audience and was seen to receive money in exchange for her dancing. She was also referred to by the master of ceremonies as "Ginger". On March 27, 1980, Officer Jones was additionally approached by another dancer known as "Rina" who had been referred to by that name by the master of ceremonies who was announcing appearance of the dancers who were dancing on the main stage in the licensed premises. "Rina" then asked Jones if he wanted a "fuck." She explained to the officer that it would cost him $50.00; and that he would have to get rid of Beverage Officer Blanton, who was with Jones at the time. "Rina" also stated that she would "go more than once if she liked the first time". This conversation took place in the licensed promises. On April 13, 1980, Officer Robert R. Jones returned to the licensed premises and encountered the dancer, "Ginger" and paid her $4.00 each for two Methaqualone which she obtained after going to the dancers' dressing room in the licensed premises and returning to Officer Jones. On that date, "Ginger" was still performing as a dancer in the licensed premises. Beverage Officer C. E. Lloyd went to the licensed premises on April 9, 1980, as part of the investigation. While in the licensed premises, he was approached by a dancer, Kathy Brown, whose stage name is "Kathy", who asked Officer Lloyd if she could dance for him. He agreed to allow her to "lap dance". Beverage Officer Lloyd paid "Kathy" $5.00 for a "lap dance" she performed. This is a form of dance where the female dancer sits on the lap of the male patron and goes through a series of gyrations while a record is played. Officer Lloyd asked Brown what would happen when she "got things started". Brown stated that she could take care of everything for him after she got off from work for a price of $100.00. He asked her what that meant and she replied she could "give you a fuck for $100.00". After this conversation, dancer Brown was called by the master of ceremonies to dance for the benefit of those patrons in the licensed premises and she danced on the stage. She was wearing a bikini-type costume. The conversation between Lloyd and Brown was overheard by Beverage Officer James A. Jones, Jr., who was with Lloyd on the date in question. She told Jones that he could drive Lloyd and her in the car while she serviced Lloyd and then she said she would "fuck" Jones, also for $100.00. Lloyd and Jones left the licensed premises and Brown followed them and upon entering the officers' vehicle, Brown was arrested for offering to commit prostitution. On April 12, 1980, Beverage Officer Bethel Watts, Jr., was dispatched to the licensed premises to continue the investigation. While in the licensed premises on that date, he was approached by a female dancer whom he had seen perform on the stage as a dancer while wearing only a "G" string. This dancer had been referred to as "Cinnamon", with that reference being made by the master of ceremonies in the licensed premises. "Cinnamon" asked the Respondent if he wanted a "lap dance". He replied, "Yes" and the dancer sat on his lap and squirmed around for the duration of one record. The dancer then told Officer Watts that she could "give you anything you want right here." He stated that he could not afford it and she asked if he had $20.00. She further stated that she could, "give him a 'quickie'". The dancer then went back to the stage area. Officer Watts paid the dancer "Cinnamon" $3.00 for the "lap dance". Officer Watts had gone to the licensed premises on April 12, 1980, with another Beverage Officer, Michael Lee Imperial. On that same date, a dancer who had been performing in the licensed premises who was known as "Rina" approached Officer Imperial and asked if he would like her to "lap dance". He agreed and she sat on his lap and performed the "dance" through three different records for a price of $5.00 each, a total price of $15.00. He asked the dancer if she did anything other than dance, to which she asked if he were a policeman, and he answered, "no". "Rina" then patted down the Beverage Officer to check to see if he were carrying any form of police identification. She then stated that she got off at 1:30 a.m. and would come by his room. She asked the Beverage Officer how much he could afford and he said "$50.00" and she indicated that she would give him "anything and everything he wanted" for the $50.00. Officers Watts and Imperial returned to the licensed premises on April 13, 1980. While in the licensed premises, Officer Imperial was approached by a dancer who was known as "Licorice" and she asked if he wanted her to "lap dance". He responded, "Yes" and she "danced" one record for a cost of $5.00. Officer Imperial stated to the dancer that she "sure felt good" and stated that he "bet" she was good in bed. She responded by stating that, "I am" and in turn he stated that he "bet" that, "I'll never find out", to which she responded that he could find out for $75.00. In turn the officer wanted to know what he would get for $75.00 and the dancer said, "You will get whatever you want me to do". Officer Imperial said that he would pick her up at seven o'clock. Nothing further occurred concerning this event. On the same date, April 13, 1980, Officers Watts and Imperial were sitting together and in the course of the conversation which Imperial had with one of the dancers, Imperial turned to Watts and asked Watts if he (Watts) wanted the dancer to get a girl for Watts. After some discussion, the dancer arranged to have another dancer whose stage name was "Tammy" and who had danced in the licensed premises and been referred to by the master of ceremonies by that name was brought and introduced to Officer Watts. (Watts had asked the other dancer to ask "Tammy" if she "would party". The other dancer responded that "Tammy" "would party" but it would cost $75.00.) Watts asked "Tammy" if she "would party" and she responded by saying that for $75.00 she would do anything that he wanted up to two hours, at which point she had an appointment in the licensed premises. The conversation terminated at the point when Watts stated that he would pick up a bottle of whiskey.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Counts One (1), Two (2), Three (3), Five (5) and Ten (10) of the Notice to Show Cause/Administrative Complaint be DISMISSED and that the Respondent not be held for further answer. It is FURTHER RECOMMENDED that the license held by the Respondent, Norma D. Kettering, No. 69-293, Series 2-COP, be REVOKED in view of the violations as established through Counts Four (4), Six (6), Seven (7), Eight (8) and Nine (9) in the Notice to Show Cause/Administrative Complaint. DONE AND ENTERED this 3rd day of October, 1980, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: James N. Watson, Jr., Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Norma D. Kettering, t/a Fancy Dancer 236 Highways 17 & 92 Fern Park, Florida
The Issue Whether Respondent's beverage license should be suspended or revoked, or a civil penalty assessed, for an alleged violation of s. 562.12, Florida Statutes, pursuant to s. 561.29(1)(b), F.S., as set forth in Notice to Show Cause issued by Petitioner on March 28, 1977. The hearing in this case was scheduled for 9:00 A.M. on December 8, 1977 at Petitioner's business address in Tallahassee, Florida. Notice of Hearing was sent to the Respondent on November 21, 1977 by mail. The notice of hearing was not returned by the Post Office as being undelivered. Neither the Respondent nor any representative in her behalf appeared at the hearing. Accordingly, the Hearing Officer advised counsel for the Petitioner that the matter would be conducted as an uncontested proceeding.
Findings Of Fact The Respondent Margaret P. Muse operates Club 40 located at Midway, Florida, and is authorized to sell beer and wine for consumption on the premises incident to a Class 2-COP license issued by the Petitioner. On August 15, 1976 at approximately 12:05 P.M., Gary Sams, a beverage officer with the Tallahassee field office of the Petitioner, accompanied by a reliable informant, went to the vicinity of Respondent's licensed premises. There, Sams searched the informant and found that he possessed no alcoholic beverages or currency. Sams gave the informant $5.00 and told him to go to the residence immediately east of the licensed premises. The informant entered the house, remained approximately 5 minutes and returned to Sams with a one-half pint unsealed bottle of Calverts Extra whiskey and a twelve-ounce sealed can of Schlitz beer in his possession. The informant told Sams that he had purchased the liquor from one Lou Ethel Palmer for $2.75 and that she had obtained it from a room in the house. Sams and the informant initialed the containers and Sams took them to the evidence room of his agency where they remained until the date of the hearing (testimony of Sams, Petitioner's Exhibit 1). On August 22, 1976 at approximately 10:30 P.M., Sams returned to the premises with the same informant, and followed the same procedures as to a prior search of his person and directions to enter the residence again. Sams observed the informant do so where he remained for a period of time and then returned to Sams outside and turned over a one-half pint unsealed bottle of Calverts Extra whiskey. The informant stated that while in the residence, he had ordered the whiskey from Palmer, but that another female in the house had gone outside to obtain the whiskey. When she returned with it, the informant paid her $2.75 for the same. By the informant's description of the female who had sold the whiskey to him, Sams determined that she was the Respondent Margaret P. Muse. The two men initialed the container and Sams placed it in the evidence room of his agency where it remained until the date of this hearing (testimony of Sams, Petitioner's Exhibit 2) On August 23, 1976, warrants authorizing search of the Palmer residence were obtained by Petitioner. On August 29, Sams and deputy sheriffs of Gadsden County proceeded to the residence in question where they were admitted by Muse. Arrest warrants were served on Muse and Palmer and the premises were searched. In the bedroom several half pints of vodka and whiskey were found and seized. Two cases of 12-ounce cans of Schlitz beer were found in an outbuilding adjacent to the house and also seized. Muse stated at the time that the beer was being stored in the outbuilding for the purposes of sale at the licensed premises (testimony of Sams).
Recommendation That the charge against Respondent, Margaret P. Muse, be dismissed. DONE and ENTERED this 16th day of December, 1977, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Francis Bayley, Esquire Department of Business Regulation The Johns Building Tallahassee, Florida Mrs. Margaret P. Muse P.O. Box 116 Midway, Florida 32343 PETITIONER'S EXHIBIT 1 One half-pint bottle labeled "Calvert Extra" (half full of liquid) One sealed can (12 ounce) Schlitz beer PETITIONER'S EXHIBIT 2 One full unsealed half-pint bottle labeled "Calvert Extra"
The Issue Whether Respondent, the holder of a license to sell alcoholic beverages, sold an alcoholic beverage to a minor as alleged in the Administrative Action dated June 17, 1997, and the penalties, if any, that should be imposed.
Findings Of Fact At all times pertinent to this proceeding, Respondent, Mahmoud Mohamed, was doing business as Kwik Stop, which is a convenience store located at 1200 Broadway, Riviera Beach, Florida. Respondent holds license number 60-02476, series 2APS, which authorizes him to sell alcoholic beverages at his business location (the licensed premises). On June 13, 1997, the Division initiated a general investigation to determine whether persons under the age of 21 were being sold alcoholic beverages by licensees of the Division. As part of that general investigation, two special agents employed by the Petitioner and an investigative aide employed by the Petitioner made a random stop at the licensed premises between 8:30 p.m. and 9:00 p.m. One of the special investigative agents was Andrew Panzer, an experienced law enforcement officer. The other special agent was Agent Panzer's partner, who did not testify. The investigative aide was Casey Fand, a seventeen-year-old high school student. The special agents instructed Mr. Fand to enter the licensed premises and to attempt to purchase a beer. Mr. Fand entered the premises first, and shortly thereafter, Mr. Panzer entered the store. The other agent remained outside the premises. Mr. Fand went to the cooler, selected a 12-ounce can of Budweiser beer, and walked to the counter where Respondent was working. Mr. Panzer selected a soft drink and followed Mr. Fand to the counter. Mr. Panzer stood behind Mr. Fand and was in position to observe and hear what transpired between Mr. Fand and the Respondent. There is a dispute in the record as to what happened next. Respondent testified that when Mr. Fand came to the counter with the beer, Respondent asked him for identification. Respondent further testified that Mr. Panzer then took the beer from Mr. Fand. Respondent testified that Mr. Panzer paid for the beer and the soft drink. The testimony of Mr. Fand and Mr. Panzer conflicted with Respondent's testimony. Both Mr. Fand and Mr. Panzer testified that Respondent never asked Mr. Fand for identification and that Mr. Fand paid for the beer and left the store. They both testified that Mr. Panzer thereafter paid for the soft drink and left the store. Mr. Panzer testified that after he conferred outside with his partner and Mr. Fand, he re- entered the premises, advised Respondent of the violation, and issued him a notice to appear. In resolving the conflicts in the evidence, it is determined that the clear and convincing testimony of Mr. Fand and Mr. Panzer is more credible than that of the Respondent. In reaching this conclusion, the undersigned has considered the demeanor of the witnesses, the training and experience of Mr. Panzer, and the fact that neither Mr. Panzer nor Mr. Fand has an apparent motive to fabricate evidence. Based on the more credible testimony, it is found that on June 13, 1997, Respondent sold a beer, which is an alcoholic beverage, to a minor, Mr. Fand, without asking for identification. Respondent's license has not been previously disciplined by Petitioner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order that incorporates the findings of fact and conclusions of law contained herein. It is further recommended that the Final Order impose an administrative fine against Respondent in the amount of $1,000 and suspend his license for a period of seven days. DONE AND ENTERED this 5th day of December, 1997, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 5th day of December, 1997. COPIES FURNISHED: James D. Martin, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 Mark R. Hanson, Esquire 415 Fifth Street West Palm Beach, Florida 33401 Captain Debbie Beck 400 North Congress Avenue, Suite 150 West Palm Beach, Florida 33401 Richard Boyd, Director Division of Alcoholic Beverages and Tobacco 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
The Issue Whether Respondent committed the violation alleged in the Administrative Action, and, if so, what disciplinary action should be taken.
Findings Of Fact Based upon the evidence adduced at the final hearing and the record as a whole, the following findings of fact are made: At all times material to the instant case, Respondent operated a restaurant, Atlantic Street Station, located in Delray Beach, Florida. Since 1998, Respondent has held a Special Restaurant License (license number 60-11520 4COP SRX), authorizing it to sell alcoholic beverages on the premises of Atlantic Street Station. During the months of January and February 2000, $66,729.49, or slightly less than 33% of Atlantic Street Station's total gross revenues of $205,679.76, came from the retail sale on the licensed premises of food and non-alcoholic beverages.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that DABT enter a final order finding Respondent violated Section 561.20(2)(a)4., Florida Statutes, as alleged in the Administrative Action, and disciplining Respondent therefor by revoking its license "without prejudice to obtain any other type of license, but with prejudice to obtain the same type of special license for 5 years," and fining Respondent $1,000.00. DONE AND ENTERED this 16th day of February, 2001, in Tallahassee, Leon County, Florida. ____________________________ STUART M. LERNER 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 16th day of February, 2001.
Findings Of Fact With regard to Count I of Division of Beverage Case No. 3-75-53A, the Hearing Officer enters the following findings of fact: On or about May 26, 1975, Terry Darlene Harris, a female then 16 years of age, worked at the Four Winds bar as a topless dancer. Eugene Bernard, an officer, agent, servant or employee of the Respondent, entered into an agreement with Terry Darlene Harris, on or about May 26, 1975, whereby Harris agreed to perform as a topless dancer in the Four Winds bar and, in return, would pay Respondent $5.00 a night for the opportunity of dancing. Harris received remuneration for her dancing in the form of tips from patrons of the bar. There was no evidence that Harris received any wages or other compensation from the Respondent. As part of her agreement with Eugene Bernard the only requirements placed on Harris were that she could not touch the patrons, nor be touched by them, and that she could not solicit drinks. The only evidence presented showed that Harris could dance when she wanted, and as often as she wished, and did not have to dance at all. At the time Terry Darlene Harris entered into the agreement with Eugene Bernard, Harris's older sister worked at the Four Winds bar as a bartender, and upon being questioned by Bernard as to Harris's age, Harris's sister replied that Harris was 17 years old. Neither Eugene Bernard nor any other agent, servant or employee of the Respondent involved in the agreement with Terry Darlene Harris, requested from Harris any identification with regard to her age. Harris told Bernard that she was 17 and soon would be 18 years old. With regard to Count II of Division of Beverage Case No. 3-75-53A the Hearing Officer enters the following findings of fact: On the night of June 3, 1975, Jada Washington was dressed as a topless dancer and performed as a topless dancer in the Four Winds bar, as she had on previous nights. On the night of June 3, 1975, Robin Michael Smith and Kenneth Roach, a police officer, entered the Four Winds bar. Roach's duty assignment as a policeman for that evening was the Four Winds bar, because Smith had recently informed the police that prostitution might be occurring in the bar. Upon entering the bar and ordering drinks, a woman came over to Smith and Roach and spoke to Smith. The woman was Jada Washington. Smith and Washington went to another table and conversed for several minutes. Smith then motioned Roach to join them, which he did. Washington was dressed in high boots, a shawl and had a brief dance costume on. Washington asked Roach if he wanted another drink and he said, "Yes", and gave her $5.00 which she put in her boot. She did not bring a drink. Later, she asked Roach and Smith if they wanted drinks and they said, "Yes". Roach gave Washington $10.00 and Smith gave Washington $20.00, but did not receive any drinks in return, nor did they get their money back. A few minutes later another woman brought drinks to Roach and Smith, who paid that woman for them. Washington got up and temporarily left Roach and Smith. Upon rejoining them she sat between them. She then removed Smith's penis from his trousers and began fondling it and also reached over and fondled Roach's penis through his trousers. Washington then went outside the bar, where Roach arrested her. According to Eugene Bernard's testimony, he fired her because of the arrest. Eugene Bernard, an officer, agent, servant or employee of the Respondent, saw Robi Michael Smith at a theatre after the events on June 3, 1975, but prior to the date of the hearing, and after asking Smith if his memory was bad because he had been shot in the head (there was testimony that Smith was seriously wounded in the head while with the United States Army in the Republic of Viet Nam) suggested that Smith had best forget certain things pertaining to the events of June 3, 1975. On June 3, 1975, Jada Washington was an agent, servant or employee of the Respondent, working at the Four Winds bar. With regard to Counts I and II of Division of Beverage Case No. 3-75- 64A, the Hearing Officer enters the following findings of fact: On September 5, 1975, Catherine Venner, also known as "Jody", and Myra Kathryn Watkins, were working as topless dancers at the Four Winds bar. While so working, they kept their purses behind the bar. On September 5, 1975, three Beverage Officers, Reeves, Sterling and Boyd, along with a civilian named Ronald Keith, went into the Four Winds bar and ordered drinks. After the four men were seated, Catherine Venner, came up to them and offered to dance for them which offer they accepted. After dancing for them she asked the men if they would buy her a drink, which they did. Beverage Officer George Sterling paid for the drink. Later, Catherine Venner asked if they would buy her another drink, which they did, Sterling again paying. While the four men were seated and after Catherine Venner had initially come up and begun to dance for then, Myra Kathryn Watkins, joined them and also danced for them. She also asked if the men would buy her a drink, which they did, with Sterling paying. Watkins also later asked for and received a second drink which Sterling paid for. With regard to Division of Beverage Case No. 3-75-53A, Counts I and II and Division of Beverage Case No. 3-75-64A, Counts I and II, the Respondent, G & B of Jacksonville, Inc., d/b/a Four Winds, is the holder of Beverage License No. 26-1235,4-COP. The Four Winds bar is included in the licensed premises.
The Issue Whether or not on or about April 3, 1979, Terwell, Inc., d/b/a Nite Gallery II, licensed under the Beverage Law, its servant, agent, or employee, one Rina Norman, did solicit Robert Hutter for the purpose of committing a lewd act, to-wit; fellatio, contrary to Section 796.07, Florida Statutes, and Section 561.29, Florida Statutes. Whether or not on or about April 3, 1979, Terwell, Inc., d/b/a Nite Gallery II, licensed under the Beverage Law, its servant, agent, or employee, one Heather Lovell did commit a lewd act, to-wit; oral copulation on one Steven Lee Hobson, contrary to Section 796.07, Florida Statutes, and Section 561.29, Florida Statutes. Whether or not on or about April 12, 1979, Terwell, Inc., d/b/a Nite Gallery II, licensed under the Beverage Law, its servant, agent, or employee, one Susan Edith Laursen, did commit a lewd act, to-wit; fellatio, on one Norman Eric Williams, contrary to Section 796.07, Florida Statutes, and Section 561.29, Florida Statutes. Whether or not on or about July 20, 1979, Terwell, Inc., d/b/a Mite Gallery II, licensed under the Beverage Law, its servant, agent, or employee, one Connie Nadine Reeves did solicit Beverage Officers F. J. Dunbar and P. M. Roberts for the purposes of prostitution, contrary to Section 796.07, Florida Statutes, and Section 561.29, Florida Statutes.
Findings Of Fact The Respondent in this cause is Terwell, Inc. This corporation is the holder of beverage license No. 58-1134, Series 2-COP, to trade as Nite Gallery II at a business premises located at 1720 Lee Road, Orlando, Florida. This license is held with the Petitioner, State of Florida, Division of Alcoholic Beverages and Tobacco, which organization has the responsibility of the licensure and regulation of those several business entities within the State that sell alcoholic beverages. On April 3, 1979, Officer Robert T. Hutter of the Orlando, Florida, Police Department went to the licensed premises at 1720 Lee Road. Officer Hutter was in the company of Police Officer Barrett of the same department. The two officers entered the bar in an undercover capacity and sat down and ordered a beer. After a moment, the officers were approached by a female who was a dancer in the licensed premises. The dancer's name was Rina Norman and in conversation Norman asked the officers if they wanted a "blow job" for $25.00. (This expression pertains to an offer to commit fellatio.) Rina Norman was subsequently arrested by Officer Hutter and was allowed to go to the back of the licensed premises to a dressing room area and to change from her "go go" outfit into street clothes. The suspect, Rina Norman, had also been seen dancing as a performer on the licensed premises prior to her apprehension. On the same evening, April 3, 1979, Officer Barrett had been contacted by two females in the licensed premises and from his encounter with those individuals determined to arrest them for assignation to commit prostitution or lewdness. The officer went outside briefly and then reentered the licensed premises to look for the two suspect females. One of the areas which he examined in his search for the suspects was an area in which there are two booths with curtains across the front opening of the cubicles. These booths are located down a hall leading to the female dancers' dressing room area which is on the west side of the bar. In looking in one of the booths, Officer Barrett pulled hack the curtain and found a woman identified as Heather Lovell committing an act of fellatio on a man who was in the booth with her. Lovell was-wearing a "go go" costume at the time she was seen involved in this activity. She was placed under arrest and went to the dressing room area to put on street clothes after the arrest was effected. The dressing room area which Lovell used was the same area used by Rina Norman. Lovell had also been seen by Officer Barrett in the licensed premises at an earlier time on the evening of April 3, 1979. Officers Hutter and Barrett went back to the licensed premises in the company of Beverage Officers Wallace and Boyd on April 12, 1979. At that time, Officer Hutter went to the booth area spoken of before to investigate for lewd acts. When Officer Butter pulled back the curtain to one of the booths, he observed Susan Laursen performing fellatio on a man located in the booth with her. Laursen and the man were arrested and Laursen went back to the dressing room area mentioned before to change into her street clothes. Beverage Officers Dunbar and Boyd returned to the licensed premises on July 20, 1979, at around 11:35 p.m. for the purpose of investigating alleged prostitution which was occurring in the licensed premises. The two officers seated themselves inside the bar area and they were approached by Connie Nadine Reeves, who sat by them and asked them if they would like to have a private party in the back, which would include nude dancing and a "blow job", meaning fellatio. Officer Dunbar asked if this entertainment was free and Reeves replied that, "No, the 'blow job' (fellatio) is $25.00 and dancing is $10.00." Beverage Officer Roberts had not heard this overture from Reeves and Dunbar asked Reeves to repeat her statements, which she did. Roberts then went with Reeves to the back part of the area of the hallway and the two booths which have been mentioned before. Beverage Officer Dunbar went outside to pain the assistance of the other Beverage Officer and the local police officers for purposes of effecting an arrest of Connie Nadine Reeves. Roberts followed Reeves down the hallway and into one of the booths. Reeves had motioned Roberts to follow her to this location. Reeves repeated the statement that it would cost $25.00 for a "blow job" (fellatio) and Roberts gave her $30.00 and she replied that she would keep $5.00 for a tip. Roberts seated himself on a chair in the room and Reeves told him to "Go ahead and pull it out" and he replied that he was not turned on and that she should dance. Reeves took her clothes off and danced for a few moments and then there was some problem with the music and she yelled out of the room for someone to get the jukebox working. This problem with the jukebox occurred a couple of times. At this point, Roberts arrested Reeves for violation of Section 796.07, Florida Statutes, pertaining to lewd acts. In the interim, Beverage Officer Dunbar and the other law enforcement officers had entered or reentered the licensed premises and attempted to go up the hallway to the booth area and were confronted by a number of females in "go go" attire who tried to keep them from going into that area and in doing so stated that the area was private and was to be used by employees only, referring to the area of the booths. Officer Dunbar went back to the booth where Roberts had made his arrest and at this point Reeves was protesting her arrest and acting belligerent. Dunbar left that location and met Beverage Officer Wallace, who was talking to Ron Wells, a corporate officer of the Respondent. Wells was asked to go with Dunbar to try to convince Reeves to accompany the officers without further incident. The officers asked Wells if Reeves were his employee and Wells responded that she was. Wells was then told by Dunbar to straighten her out, meaning that if she did not get dressed they would take her into custody without clothing. Wells then talked to Reeves and she left and went to the dressing room mentioned before in this case and dressed herself. Reeves also stated that she was an employee at the licensed premises.
Recommendation It is, therefore, RECOMMENDED that the beverage license of the Respondent, Terwell, Inc., No. 58-1134, Series 2-COP, which allows the Respondent to trade as Nite Gallery II in a business premises located at 1720 Lee Road, Orlando, Florida, be REVOKED. DONE AND ENTERED this 10th day of March, 1980, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675
The Issue The issue for consideration at the hearing was whether Respondent's alcoholic beverage license issued by the State of Florida should be disciplined because of the misconduct alleged in the various charges listed in the Notice to Show Cause filed in this case.
Findings Of Fact At all times pertinent to the issues herein, Petitioner held Florida 2- COP alcoholic beverage license number 26-2036, for his establishment, known as the Dynasty, located at 140 Soutel Drive, Jacksonville, Florida. This license was for the sale and consumption on premises of alcoholic beverages only. In addition, a license was issued by the City of Jacksonville to the Continental Club, c/o Grady Stroy, to operate a dance hall and night club at the same address. Respondent did not have a restaurant license or a license to operate any type of public food service establishment during the time in question. On February 25, 1983, Respondent entered into an agreement in writing with three other individuals, Grady Stroy, John Gibson, and Bobby Wade, whereby each of these latter three would invest with Respondent for an equal partnership in the Continental Club. Thereafter, in April 1983, Respondent officially changed the name of his club from Dynasty to Continental Club. In reality, all three outside partners, Stroy, Gibson, and Wade, each invested at lest $3,000.00. At no time prior to the incidents involved in this hearing, did Respondent disclose to DABT that those three individuals had an interest in his beverage license nor did he notify Petitioner that the name of the club where his license was being used had been changed from Dynasty to the Continental Club. Sometime after June 1983 and the incidents described herein, Respondent applied for a transfer of his license from himself along to himself and his above-named partners. For reasons not pertinent to this hearing, this application was denied. On June 26, 1983, Deborah Powell, in response to a citizen's complaint that alcoholic beverages were being improperly sold on Sunday, entered the Respondent's establishment in an undercover capacity. She observed a table at the door at which admission charges were being collected, and when she got inside, she saw many people who she thought were underage being served what, to her, appeared to be alcoholic beverages. There is no evidence, however, that anyone under the authorized drinking age was drinking alcoholic beverages. Those she looked for food being served and for some means of food preparation there, she found none in evidence. All she could find was a jar of sausages, a bun warmer, and some potato chips. Section 412.402 of the Ordinance Code of the City of Jacksonville, Florida, in effect on June 26, 1983, a Sunday, permits the sale of alcoholic beverages for consumption on the premises only in motels or hotels having 100 or more guest rooms; properly licensed restaurants; airport lounges; fish camps; and private clubs. Respondent's establishment does not fall within any of the above permitted categories. At approximately 9:30 that same night, other officers of the Sheriff's vice squad accompanied by DABT agents entered Respondent's club. When Officer Hall entered the crowded bar, he had the lights turned up and he and other officers began checking the driver's licenses of the patrons to insure they were of age. To do this, they set up a station at the door and had the patrons come out one by one. A check of the driver's license of each patron revealed 20 who were underage. These individuals' names, addresses, and dates of birth were recorded by Officers Hall and another. The minors in the club at the time, who are listed in the charges pertinent to this hearing are: (1) Loraine Doles DOB-Sep 19, '65 age 17 (2) Frederick A. Hayes DOB-Nov 18, '65 age 17 (3) Terry L. Jones DOB-Mar 18, '65 age 17 (4) Jocelyn F. Prince DOB-Mar 15, '66 age 17 (5) Irene D. Reed DOB-Jul 10, '66 age 16 (6) Yolanda D. Williams DOB-Jul 24, '65 age 17 (7) Arabella Washington DOB-May 25, '67 age 16 (8) Sandra D. Hodges DOB-Nov 9, '65 age 17 (9) Ava M. Gardener DOB-Aug 11, '65 age 16 In sworn written statements made to agent Lachman on July 7 and 8, 1983, in Jacksonville, all admitted to being in Respondent's establishment on June 26, 1983, but all deny purchasing or consuming alcoholic beverages while there. None was asked for identification or proof of age before being admitted. Respondent was present at the club at the time all this took place. In a sworn voluntary written statement to agent Lachman on June 28, 1983, Respondent admitted that at the pertinent time in question he had a partnership with Stroy, Gibson, and Wade; that he had a dance hall license to operate his club issued by the city; that he did not have a restaurant license nor did he have the appropriate food preparation and serving equipment to permit him to lawfully sell alcoholic beverages on Sunday; and, that at the time in question, there were 16 to 20 persons under the age of 18 in the lounge. This statement was objected to at the hearing by Respondent's counsel who contended that because Respondent was not given a proper warning of his rights to counsel and against self incrimination prior to making it, it was not admissible at the hearing. The statement, on its fact, reflects its voluntary nature and Mr. Lachman testified that while he did not fully advise Mr. Cobb of his right to remain silent, he did advise him that he could voluntarily make a statement. Full advice of a nature sufficient to support admission of an inculpatory statement in a criminal trial is not required to render such a statement admissible in an administrative hearing such as this. As an admission against interest, it is an exception to the rule excluding hearsay evidence and is admissible. It is corroborated as to the presence in the club of underage individuals by the written statements of those individuals which though themselves hearsay evidence, are admissible to explain or corroborate other admissible evidence such as here. In any case, Respondent offered no evidence to contradict or rebut any of the evidence offered by the Petitioner.
Recommendation In light of the fact that this series of incidents constitutes the first recorded or reported instance of disciplinary action, severe penalty is not indicated. Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore, RECOMMENDED that the Respondent, Mose Cobb, Jr., be fined $250.00 for each of the twelve violations established, for a total of $3,000.00, and that his 2- COP alcoholic beverage license, number 26-2036, be suspended for six months. DONE AND ENTERED this 13th day of November 1984 in Tallahassee, Florida. ARNOLD H. POLLOCK 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 13th day of November 1984. COPIES FURNISHED: Harold F. X. Purnell, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Courtney Johnson, Esquire 215 Washington Street Jacksonville, Florida 32202 Gary R. Rutledge, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Howard M. Rasmussen, Director Division of Alcoholic Beverages and Tobacco, Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
Findings Of Fact Respondents currently hold a Series 2APS license, number 45-00254, for Eastside Grocery, which is located at 132 South Highway 33, Groveland, Florida. The current term of the license expires on September 30, 1988. On February 26, 1988, Victoria Solozabal entered Eastside Grocery at about 4:25 p.m. Claude Cruce, a law enforcement investigator employed by Petitioner, entered the store directly behind her. Ms. Solozabal was acting under the direction of Mr. Cruce and another of Petitioner's investigators, Carl Lloyd, in assisting them in the detection of sales of alcoholic beverages to underaged persons. Ms. Solozabal was born on August 23, 1969. Upon entering the store, she carried with her only her driver's license and a small amount of cash for the purchase of a single can of beer. Ms. Solozabal went directly to an electric cooler in the back of the store, selected a chilled can of Budweiser beer, and took it to the checkout counter. With Mr. Cruce directly behind her and Mr. Lloyd only a few feet away watching, Ms. Solozabal placed the beer on the checkout counter and took out a $10 bill while Respondent Sandra Pettingill was ringing up the purchase. Ms. Pettingill demanded 75 cents, and Ms. Solozabal gave her the $10 bill. Ms. Pettingill placed the bill in the cash register and returned the change to Ms. Solozabal. At no time did Ms. Solozabal or any other employee of Eastside Grocery ask Ms. Solozabal her age or for proof of age. As Ms. Solozabal approached the door to leave the store, Mr. Cruce stopped her, demanded her identification, and seized the beer. He and Mr. Lloyd then informed Ms. Pettingill that she had sold an alcoholic beverage to an underaged person.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered finding Respondents guilty of selling an alcoholic beverage to a person under the age of 21 years and imposing a civil penalty in the amount of $250. DONE and RECOMMENDED this 4th day of August, 1988, in Tallahassee, Florida. ROBERT E. MEALE 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 4th day of August, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-1759 Treatment Accorded Petitioner's Proposed Finding of Facts Adopted. Adopted in substance. Adopted. Rejected as subordinate. 5-6. Adopted. Second 6. Rejected as irrelevant. Adopted. First sentence adopted. Remainder rejected as subordinate. Adopted. Rejected as subordinate. Treatment Accorded Respondents' Proposed Findings of Fact 1-3. Adopted, except any resemblance between Ms. Solozabal and a regular customer of legal age is rejected as irrelevant. 4-5. Rejected as irrelevant. Ms. Pettingill testified that her normal procedure was to check proof of age before ringing up a sale. She also testified that Mr. Cruce asked about the couch drops only after she had taken the $10 bill from Ms. Solozabal. Mr. Cruce's request for cough drops thus had nothing to do with the sale, which had already been made. COPIES FURNISHED: Harry Hooper, Esquire Department of Business Regulation 725 South Bronough Street The Johns Building Tallahassee, Florida 32399-1007 George Kelley, Esquire 368 East Main Street Post Office Box 1132 Apopka, Florida 32703 Van B. Poole Secretary Department of Business Regulation 725 South Bronough Street The Johns Building Tallahassee, Florida 32399-1007 Joseph Sole General Counsel Department of Business Regulation 725 South Bronough Street The Johns Building Tallahassee, Florida 32399-1007 =================================================================
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: At all times relevant hereto, respondent, Edward Lee Howell, held alcoholic beverage license number 46-01252, Series 2-COP, issued by petitioner, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco (Division). Respondent used the license to sell beer and wine (for on-premises consumption only) at an establishment known as Mr. B's Lounge located at 2712 Towles Street, Fort Myers, Florida. Because of numerous violent crimes, including murder and robbery, that had occurred in an area around the lounge, the Lee County Sheriff's Department (Department) maintained what it called a "constant area check" in the neighborhood surrounding the bar. Indeed, respondent acknowledged that the most recent murder had occurred across the street just two weeks prior to hearing. In all, Department personnel made around twelve visits to the lounge in 1990. After receiving a report that alcoholic beverages were being sold or consumed after closing hours at respondent's lounge, a deputy sheriff, James Nygard, visited the licensed premises around 3:45 a.m. on December 8, 1990. During that visit, Nygard gave respondent a copy of Lee County Ordinance No. 76- 9 and read section 4.2 of the ordinance to respondent. That section prohibits the sale, dispensing or consumption of "any type of alcoholic beverage on or off the premises" between the hours of 2:00 a.m. and 7:00 a.m. every day of the week. Howell acknowledged to Nygard that he understood the law. Although Nygard contended that during his visit he observed at least one patron drinking what appeared to be an alcoholic beverage from a beer can, he opted to give Howell only a warning. At approximately 3:10 a.m. on December 23, 1990, Nygard and another deputy, Glenn Kraft, entered the licensed premises and observed an estimated eighty to one hundred patrons still in the lounge. Nygard also observed two unidentified black males in the crowd lift beer cans to their mouths and take a sip of the contents. Nygard recalled that there was condensation on one of the two cans of beer. However, Nygard did not seize the beer cans as evidence or arrest the two patrons, and there is insufficient evidence, inferential or otherwise, to establish that the drinks being consumed were actually beer. Nygard then asked Howell to step outside where Howell was given a citation for allowing beer to be sold and/or consumed on the licensed premises after 2:00 a.m. in contravention of Lee County Ordinance 76-9. The parties agree that criminal charges were filed against respondent but later dismissed on the ground Nygard could not prove that the two patrons were actually consuming beer. According to respondent, Nygard was only on the premises for a few seconds before going outside to write up the citation. Howell denied that the customers were drinking beer and pointed out that he has given his four employees strict instructions to stop all beer and wine sales at 1:30 a.m. and to clear the tables of beer cans by 2:00 a.m. After that hour, he operates a dance club until around 4:00 a.m. and sells soft drinks and food to customers. On July 23, 1990, the Division sent respondent by certified mail an "official notice" relating to a complaint about sales and consumption of alcoholic beverages taking place after 2:00 a.m. Other than that notice, there is no evidence of any other disciplinary action being taken against respondent during the eight years he had held a license.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is recommended that respondent be found not guilty of violating Subsection 561.29(1)(a), Florida Statutes (1989) and the notice to show cause be dismissed with prejudice. RECOMMENDED this 12th day of July, 1991, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of July, 1991. APPENDIX TO RECOMMENDED ORDER, CASE NO. 91-2091 Petitioner: 1. Adopted in finding of fact 1. 2-3. Adopted in finding of fact 4. Partially adopted in finding of fact 4. Adopted in finding of fact 4. Adopted in finding of fact 3. Adopted in finding of fact 2. COPIES FURNISHED: Nancy C. Waller, Esquire 725 South Bronough Street Tallahassee, FL 32399-1007 Mr. Edward Lee Howell 1348 Brookhill Drive Fort Myers, FL 33916 Donald D. Conn, Esquire 725 South Bronough Street Tallahssee, FL 32399-1007 Richard W. Scully, Director Division of Alcoholic Beverages and Tobacco 725 South Bronough Street Tallahassee, FL 32399-1007
