Findings Of Fact Petitioner, the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, is the regulatory agency charged with regulating alcoholic beverages and tobacco. Respondents, 1/ David W. and Mildred N. Romeo, d/b/a The Full Moon Club, are the holders of Alcoholic Beverage License #61-01368, Series 14BC. Respondents' licensed premises is located at 6763 Land O'Lakes Blvd., Land O'Lakes, Florida. Based on a complaint received by the Pasco County Sheriff's office (PCSO), Detective Darren Norris of the PCSO initiated an undercover investigation of Respondents' licensed premises. Detective Norris was assisted by Special Agent Ashley Murray (herein the agents) of the Division of Alcoholic Beverages and Tobacco (DABT), who was also acting in an undercover capacity. Petitioner notified Respondents by mail that the Division had received complaints concerning lewd or indecent acts taking place in the licensed premises. In response to that notice, Respondent placed a telephone call to Petitioner's agent, George Miller, to discuss ways in which he would not run afoul of the alcoholic and beverage laws in Florida. During the conversation with Agent Miller, Respondent engaged in a discussion with Miller as to the pitfalls of licensees who operated membership clubs as he did. Miller gave certain examples of proscribed conduct and Respondent ended the conversation with the assurance that they were not engaging in unlawful conduct as the warning letter indicated. Detective Norris has been employed with the PCSO for five years and currently holds the rank of corporal. At the time of his investigation, Detective Norris was assigned to the vice and narcotics unit of the PCSO. Agent Murray has been employed with Petitioner for four years. When Detective Norris was assigned to investigate the anonymous complaint concerning Respondent's club (by a Captain of PCSO), he did not receive explicit instructions from his superiors concerning the manner in which the investigation would be conducted or that a certain outcome was expected. On May 28, 1993, Detective Norris entered the licensed premises in an undercover capacity. Detective Norris met with Respondent, Mildred (Nita) Romeo, at the entrance of the licensed premises. Detective Norris inquired as to procedure of becoming a member of the club; whereupon Ms. Romeo advised that he would have to either be a resident of Paradise Lakes, or be a member of the American Sunbather's Association (ASA). On June 18, 1993, the agents entered the licensed premises to continue the undercover investigation. The agents obtained temporary membership cards from the ASA and presented them to Respondent Nita Romeo at the entrance of the club. The agents were provided a membership application prior to admission into the licensed premises, which included affirmations that they were not law enforcement officers on duty; that they were not reporters; that the club was "clothing optional"; that lewd and lascivious behavior was prohibited, and that what happens in the club "stays in the club". Respondents included those affirmations on the application to protect the privacy of the members. The agents completed the application and were accepted as club members. While inside the licensed premises, the agents sat in an area designated for couples only. After being in the licensed premises for a short time, the agents observed a white male, approximately 50 years old, and a white female approximately 35 years old, sitting at a table approximately six feet away. Detective Norris thought that he observed the male pull his penis from his shorts and the female rubbing the penis with her hand. Agent Murray could not see the male's penis, but thought that she saw the female's hand in the male's groin area. This activity took place for several minutes. Respondents did not see this activity. During the same evening, the agents observed a white male standing with two white females in an open area near the hallway to the rest rooms and approximately five feet from their seats. One of the females was wearing a black night dress and the other was dressed in a two-piece lingerie set. The agents observed the two females rubbing each other's bodies with their hands when one of the females knelt in front of the other female and began a movement which simulated placing her tongue on the inside of the female's vagina. This activity took place for several minutes. Agent Murray thought that she observed several unnamed patrons watching this activity as it was ongoing. Respondents did not witness this conduct. During the same evening, the agents were dancing on the dance floor when they observed a white female and white male dancing approximately three to four feet away. The white male was approximately sixty years old and was dressed in red running shorts, and the white female was approximately 35 years old, heavy set, and nude. The agents observed the male place his fingers in an area near the female's vagina. Agent Murray observed the female dancing and squatted in an up and down manner on the hand of the male dancer. This activity took place for several minutes. Respondents did not witness this activity. After the male removed his fingers from the area of the female's vagina, the female knelt in front of the male, pulled his running shorts to his knees, and placed her mouth in close proximity to the male's penis. This activity lasted approximately one minute. Respondents did not witness this conduct. Both officers did not observe Respondents witnessing these activities although Respondents were always present in the premises. Respondent constantly walked around the licensed premises monitoring the patrons. During the evening of June 18, 1993, while the agents were in the licensed premises, Respondent approached the agents and introduced himself. He told the officers that if they saw anyone doing anything lewd in the premises, it was because they wanted to, and that such activity was not allowed by Respondents. On July 10, 1993, at approximately 11:00 p.m., the agents returned to the licensed premises to continue their investigation. Both officers observed Respondent Nita Romeo at the entrance and Respondent was walking around inside the licensed premises. While in the licensed premises, the agents observed a white couple dancing on the dance floor. The white male was dressed in a striped blue shirt and blue pants and the white female was dressed in a tan g-string and gold waist chain. The male was observed by the agents fondling the breast of the female with his hand and placing his mouth on the female's breast. The male was then observed moving the "g-string" aside and placing his fingers in the area of the female's vagina. This activity took place for several minutes. Respondents did not observe this conduct. A short time after the above-related conduct, the agents observed a white male sitting at a table next to the dance floor with a white female. The agents were seated approximately seven feet from the couple who were dancing. The agents observed the male remove an ice cube from his drink and rub it over the female's exposed breast. The male was then observed placing the ice cube in his mouth and placing his mouth on the exposed breast of the female. This activity took place briefly and Respondents did not see it. The agents then observed the male, described in the preceding paragraph, pull up the dress of the female and place his fingers in the area close to her vagina. This activity took place briefly and Respondents did not see it. Respondent was not observed by the agents watching any of these activities, although he walked around the licensed premises constantly. Throughout all of these activities, Respondent Nita Romeo was at the front desk with her back turned toward the patrons and she did not have a clear view of what was occurring inside. On July 16, 1993, the agents returned to the licensed premises to continue their investigation. While entering the licensed premises, the agents were greeted by Respondent Nita Romeo. While dancing on the dance floor, the agents observed a black male wearing jeans dancing a few feet away from a white female wearing a red "teddie" lingerie set. The agents observed the male place his fingers in the area of the female's vagina. This activity lasted approximately one minute and Respondents did not see it. A short time thereafter, the agents observed a white male with a white female wearing a black "t-back bottom". Both officers observed the male fondle the female's breast and moved the t-back bottom aside and placed his fingers inside the area of the vagina. This activity took place while a song was playing and Respondents did not see it. Respondent was not observed watching this activity, although he was inside the licensed premises. He spoke with the agents and told them that when they felt comfortable, they could join in with the other patrons. On July 23, 1993, the agents returned to the licensed premises to continue their investigation. They saw Respondent Nita Romeo at the entrance where they were greeted and Respondent was inside the licensed premises. While inside the licensed premises, the agents observed two patrons sitting at a table on the east side of the dance floor. The female patron was sitting on the lap of the male. Both agents observed the male move aside the t-back bottom and place his fingers inside the area of the female's vagina and fondle her exposed breast with his other hand. This activity took place for several minutes. Respondent did not observe this activity. Shortly after the above described activity, Respondent approached the officer's table and commented that his feet hurt from walking around so much. This is in keeping with Respondent's constant attempt to monitor the premises at all times. On July 24, 1993, at approximately 12:25 a.m., Detective Norris left the licensed premises and signaled for the remaining law enforcement officers, who were waiting outside, to enter the premises. The activity inside the licensed premises, once law enforcement entered, was video taped. Detective Norris confiscated several photographs which were found inside the licensed premises. These photos were mementos and were from other activities from another club unrelated to Respondent's licensed premises here. Although Detective Norris and Agent Murray observed Respondent David Romeo make announcements over the public address system, they denied ever hearing him say the lewd behavior was not allowed inside the licensed premises. Robert Laurie was employed as a disc jockey for Respondents for approximately one year. Part of his assigned duties were to watch the activities in the licensed premises and alert Respondents if he witnessed any problem(s). Laurie observed problems on occasion and notified Respondent whenever he saw anything occurring which he considered to be lewd and/or lascivious. Respondents changed the policy regarding nudity in the licensed premises and since this policy changed, Laurie has observed less problems respecting lewd and lascivious acts inside the licensed premises. Laurie was present on each occasion the officers were in the licensed premises and did not witness six (6) of the incidents testified to by the officers. Laurie related one incident of oral sex taking place which he related to Respondent who immediately stopped it. Laurie has a clear vantage point from his station in the disc jockey booth and he is better able than any other patron to view what goes on inside the premises. Laurie has observed Respondent making announcements banning lewd and lascivious conduct in the licensed premises, which announcements are made, without fail, twice nightly. Stephanie Mitchell has been employed by Respondent in the licensed premises in several capacities although she is not presently employed there. She has heard Respondent talk to new couples concerning the lewd and lascivious rules. She observed Respondent walking around constantly in the licensed premises monitoring the club's activities. Witnesses Mark Mitchell, Dale Workman, Nan La, Darlene Nonn and Grady Lawhorne are all members of the club. All of the above witnesses have observed Respondent constantly moving around inside the licensed premises and policing the club such that lewd and/or lascivious behavior could not occur. Respondent constantly made known, through the public address announcements, that lewd and lascivious behavior was not allowed in the licensed premises. Respondent made the announcements twice nightly and all the above witnesses are desirous of the club remaining open. Nan La observed Respondent throwing members out of the licensed premises for several reasons including those who are too loud or rowdy; those who are too intoxicated, and those who are "too loose with their hands". Darlene Nonn is familiar with pictures which were posted on the wall and confiscated during the raid. She does not consider them to be lewd or indecent. Respondent opened the club with the idea of providing a place where the adult members could go and not be harassed by other patrons. Respondent followed all procedures required to obtain all necessary licenses and wanted to make certain that he "followed the letter of the law" such that he would not run afoul of any beverage laws. In this respect, when Respondent received the notice from Petitioner, he immediately called Agent Miller and inquired as to specifics of the charges which were unspecified. Respondent walks the licensed premises constantly on each evening it is opened for business, and he makes public service announcements, twice nightly, advising members that lewd and lascivious behavior was prohibited. Respondents observed and enforced the rules, as best they could, and maintained an eye on all of the patrons/members while they were in the club. The agents never approached Respondents about any of the activities they reported herein.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: Petitioner enter a Final Order dismissing the Administrative Complaint filed herein. DONE AND ENTERED this 8th day of June, 1994, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of June, 1994.
Findings Of Fact As a result of an application submitted August 11, 1986, the 2-COP license at Hollywoods Bar in St. Petersburg, Florida, was transferred from Norbert Prevost to Josephine Sauvageot (Exhibit 5). On April 17, 1987, DABT agents Ray and McQueen visited Hollywoods Bar to check the bar's records. Upon entering the bar, McQueen identified himself to Respondent and asked to look at the records. She produced only a diary. Shortly thereafter, Respondent's husband, John Sauvageot, came over to answer questions Respondent was unable to answer. Mr. Sauvageot produced additional records which the agents proposed to seize and so advised the Sauvageots. Mr. Sauvageot became loud and belligerent and appeared to be playing to the customers in the bar. He told the agents he wouldn't release the records and grabbed the records he had handed to McQueen and returned them to a locker in another room. Respondent testified that she told her husband to surrender the records to the agents, but if she did, she evidently did not have the authority to have this order carried out. An owner would be expected to have such authority. These agents returned to Hollywoods Bar on October 7, 1987, for a routine inspection. Upon entering, they went to the bar and asked the bartender who the owner was, and she pointed out John Sauvageot. The barmaid was also hired and trained by John Sauvageot. When approached by the agents and told the nature of the visit, John Sauvageot told the agents his wife Josephine Sauvageot was the owner. Inspection of records revealed a bank checking account was not used with bills being paid in cash or money order. When a list of employees was requested, one was not produced. Subsequently, Respondent, through her attorney, produced a list containing the names of eight people, four of whom were not shown to have a surname (Exhibit 7). Respondent contends that she has limited education, completing only through the fifth grade, and does not read and write well. Her husband does most of the record-keeping of the bar, helped her fill out the application for the 2-COP license, and his brother, Brett Sauvageot, loaned $6000 to start the business. Respondent testified that employees were paid in cash on a daily basis. It appears that social security taxes and workmens' compensation were not paid. At least no evidence was submitted to show that such funds were withheld and forwarded to the proper authorities to comply with applicable statutes. On an application for a loan from Sun Bank of Tampa Bay in the amount of $2000, John Sauvageot listed as income $1000 a month from Hollywoods Bar in the position of Manager (Exhibit 2). Electrical service, TV cable, telephone and sewer and water service for Hollywoods Bar was in the name of John Sauvageot at all times relevant hereto. Ads placed in the St. Petersburg Times soliciting a concessionaire to operate a food service at Hollywoods Bar were placed by John Sauvageot, and the ad directed inquiry to be directed to "John". John Sauvageot was convicted of grand larceny, a felony, in West Virginia in 1977 (Exhibit 11) and was sentenced to imprisonment from 1 to 10 years.
The Issue Whether Respondent's alcoholic beverage license should be suspended, revoked, or otherwise disciplined on the grounds stated in Petitioner's Notice to Show Cause dated April 13, 1983.
Findings Of Fact At all times pertinent to this hearing, Respondent possessed alcoholic beverage license numbered 68-776, Series 2-COP, located at 1968 Unit A 27th Street, Sarasota, Florida, where he operated the Town Hall Restaurant. During the last year and a half prior to April 13, 1983, officers of the Sarasota Police Department (SPD) have been called to Respondent's place of business on a frequent basis for various infractions of the law. Numerous narcotics arrests have been made outside of, but in the immediate vicinity of, the Respondent's restaurant, and there have been responses to other crimes, such as assaults and robberies, in the area. Sgt. Peter Viana, SPD, works primarily in this area of town, which contains primarily black oriented businesses, and has smelled marijuana in Respondent's business place on several occasions. In addition, SPD Detective James Fulton related that police intelligence within that same time frame, the last year and a half, indicates repeated sales of narcotics both inside and outside Respondent's establishment. Beverage Officer Keith Hamilton was assigned to an investigation of bars and restaurants in the area of Respondent's business during late March and early April 1, 1983. He is a qualified narcotics investigator and is familiar with the appearance, smell, and taste of such substances as marijuana and cocaine. Early in the morning of March 22, 1983, Hamilton entered the Town Hall Restaurant and went up to the bar to order a beer. There he met "Precious," the barmaid/bartender, who is a male transvestite. During the course of the conversation, Hamilton asked Precious if he could do him a favor. When Precious agreed, Hamilton gave $10 to Precious, who then went over to a patron elsewhere in the room. When Precious returned to Hamilton, he gave him his change and a paper bag which contained a substance later analyzed at the laboratory of the Florida Department of Law Enforcement and determined to be 1.7 grams of marijuana. All tests referred to herein were accomplished by this laboratory. Later that same morning, having returned to the Town Hall Restaurant, Hamilton asked Precious about the availability of cocaine. Precious said he did not know much about it, but would try. Hamilton gave $23 to Precious, who went over to another customer in the bar, made a purchase of some substance, returned to the bar, and after waiting on one other customer, transferred what he had purchased to Hamilton. This substance was subsequently tested and determined to be cocaine. During this second visit to the Town Hall, Hamilton observed other individuals in the building smoking what appeared to be marijuana cigarettes and what he believed to be two sales of the substance. He held this opinion because of the way the cigarettes were wrapped, burned, and held in the peculiar fashion of the marijuana "joint." That same evening, March 22, 1983, Hamilton went to the Town Hall for the third time and this time met with another male transvestite bartender known as "Buffy." He asked Buffy about the possibility of getting some marijuana, but Buffy was reluctant and told him to deal direct. Therefore, Hamilton called over one of the other patrons who he knew to be a dealer and purchased what was subsequently tested and identified as 1.6 grams of marijuana. Again, at this time, he observed other patrons at the pool table in the building to be smoking what he believed was marijuana. About 11:00 p.m. that same night, Hamilton made a fourth buy in the Town Hall Restaurant, this time through Precious, who followed the prior procedure and made the purchase from an unidentified black male. This time, the substance tested out to be 1.6 grams of marijuana. When Hamilton went into the Town Hall again on March 23, 1983, Buffy was on duty and again refused to be the direct conduit for a purchase of marijuana. However, Hamilton contacted other patrons in the restaurant from whom he purchased two $6 bags of what was later tested and identified as marijuana. Again, at this time, no attempt was made to hide the marijuana, and Hamilton observed other people in the bar smoking what he believed to be marijuana. Hamilton again returned to the Town Hall Restaurant on the morning of March 24, 1983. When he entered, he saw neither Precious nor Buffy and was, instead, approached by the Respondent. Hamilton ordered a chicken sandwich, but Smith told him no food was ready. He then asked Smith if he knew where he, Hamilton, could get some marijuana, but Smith said he did not. Hamilton started out of the building, but happened to notice that one of the employees who was mopping the floor was one of the same people from whom his prior purchases were made. On the spot, with Smith standing by, Hamilton then purchased another 1.7 grams of what was tested and identified as marijuana. Later that day, March 24, 1983, Hamilton again went into the Town Hall, approached and was again rebuffed by Buffy, and instead made a purchase from some other unidentified individual in the bar. At that time, there were few patrons in the bar, and Hamilton observed the smoking of what appeared to him to be marijuana. When Hamilton entered the bar on March 25, 1983, Precious refused to deal with him and suggested that he deal with another black male named "Georgia." After observing Georgia make sales of some substance to other patrons, Hamilton approached him and purchased what was later tested and found to be marijuana. During the entire time Hamilton was in the Town Hall Restaurant on this date, he observed the open smoking of what he identified as marijuana from the method of smoking and the smell. Hamilton was again refused by Buffy ire the Town Hall on April 9, 1983. However, there was another patron at the bar who agreed to get him some stuff" and who then left the area. Shortly afterwards, a black male named "Sylvester" came into the restaurant, approached him, and sold him $20 worth of what was later tested and identified as cocaine. During this entire time, Buffy, an employee of Respondent, was standing behind and across the bar directly across from the sale--a distance of less than three feet. Hamilton's instructions prior to the operation were to attempt to purchase drugs in not only this establishment but also in others in the area, and he did. He offered no inducements separate from the purchase, though an informant accompanying him on one visit offered sexual favors to Buffy. A raid was conducted at the Town Hall on April 13, 1983, by agents of Petitioner and SPD. Marijuana was found on only one patron. Respondent Smith has had his beverage license for this establishment for approximately 14 months, during which time he has had no problem with Petitioner or other law enforcement authorities. It is his practice when hiring personnel to tell them to keep drugs out. His hours at the bar are from 9:00 a.m. to 5:00 p.m. on Monday through Thursday and from 11:00 p.m. to 3:00 a.m. on Friday and Saturday. While at this establishment, he is usually near the pool table. Though he does not recall being approached by Hamilton at the bar, he agrees that what Hamilton said transpired is probably correct, except for the sale of drugs. Respondent has a good reputation in the community as a law-abiding citizen. Several witnesses who have been in the Town Hall at different times of the day and night claim not to have seen anyone using drugs there.
Recommendation On the basis of the facts and conclusions above, it is RECOMMENDED: That Respondent's alcoholic beverage license be suspended for one year and that he pay a fine of $100 for each violation as alleged in Allegations 1, 2, 4, 6, 8, 9 and 10 in the Notice to Show Cause dated April 13, 1983. RECOMMENDED this 24th day of May, 1983, in Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of May, 1983. COPIES FURNISHED: Harold F. X. Purnell, Esquire General Counsel Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Harold H. Moore, Esquire Post Office Box 4311 Sarasota, Florida 33578 Mr. Gary R. Rutledge Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Mr. Harold M. Rasmussen Director Division of Alcoholic Beverages and Tobacco Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
The Issue The issue is whether Respondent failed to derive at least 51 percent of its gross revenues from the sale of food and nonalcoholic beverages, in violation of Sections 561.20(2)(a)4 and 561.29(1)(a), Florida Statutes, and failed to maintain its business records in English, in violation of Section 561.29(1)(e), Florida Statutes, and Rule 61A-3.014(3), Florida Administrative Code. If so, an additional issue is what penalty the Division of Alcoholic Beverages and Tobacco should impose.
Findings Of Fact At all material times, Respondent has held license number 16-15136, series 4-COP SRX. Pursuant to this license, Respondent operated a Brazilian restaurant known as Flavor of Brazil at 4140 North Federal Highway in Fort Lauderdale. On July 20, 1999, a special agent of Petitioner inspected the restaurant to determine, among other things, the percentage of Respondent’s gross receipts derived from food and nonalcoholic beverages. In response to a request, the agent received large numbers of original customer tickets, which record the food and beverage items ordered by each customer. In response to a request to visit the agent at her office and provide a statement, the president of Respondent hand wrote a statement explaining: “Records were wiritten [sic] in Portuguese. Basically because most of our staff speak and write Portuguese (being that they are Brazilians). But this problem has already been corrected.” The customer tickets are written in a language other than English, presumably Portuguese. For a person unfamiliar with the language in which the customer tickets are written, it is impossible to determine from these customer tickets which items are alcoholic beverages and which items are food and nonalcoholic beverages. A 4COP-SRX Special Restaurant License form signed on January 26, 1999, by Respondent advises that the license requires that at least 51 percent of the gross revenues of the licensee must be derived from the sale of food and nonalcoholic beverages. The form warns: “Since the burden is on the holder of the special restaurant license to demonstrate compliance with the requirements for the license, the records required to be kept shall be legible, clear and in the English language.”
Recommendation It is RECOMMENDED that the Division of Alcoholic Beverages and Tobacco enter a final order finding Respondent guilty of violating Rule 61A-3.0141(3)(a)3 and revoking Respondent’s license without prejudice to Respondent's reapplying for another CRX special license at any time after 90 days following the effective date of the final order. DONE AND ENTERED this 4th day of December, 2000, in Tallahassee, Leon County, Florida. ROBERT E. MEALE 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 4th day of December, 2000. COPIES FURNISHED: Joseph Martelli, Director Division of Alcoholic Beverages and Tobacco Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-3227 Kenneth W. Gieseking Assistant General Counsel Department of Business and Professional Regulation Division of Alcoholic Beverages and Tobacco 1940 North Monroe Street Tallahassee, Florida 32399-2202 Barbara D. Auger, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Flavor of Brazil 4768 North Citation Drive, No. 106 Delray Beach, Florida 33445
Findings Of Fact At all times material hereto, Respondent, Giraldo Gonzalez, d/b/a LaGoma Restaurant, held alcoholic beverage license number 23-03475, series 2- COP, for the premises known as LaGoma Restaurant, 9550 N.W. South River Drive, Miami, Dade County, Florida. On May 30, 1986, Petitioner, Division of Alcoholic Beverages and Tobacco (DABT), following a complaint from another agency, began a narcotics investigation at the licensed premises. On that date, DABT Investigators Carlos Baixauli and Hector Garcia, operating under cover, entered the licensed premises and seated themselves at the bar. During the course of their visit they observed the on-duty bartender, Annie, deliver money to a male patron and receive from him a matchbook containing a small plastic packet of white powder. Annie subsequently delivered the matchbook to an unidentified male who was standing outside the front door of the premises. On June 3, 1986, Investigators Baixauli and Garcia returned to the licensed premises and again seated themselves at the bar. Investigator Garcia asked the on-duty bartender, Mindy, if she could get him some "perico" (Spanish slang for cocaine) Mindy subsequently approached Investigator Garcia and, sitting on his lap, pressed a small plastic bag of cocaine into his hand. Garcia paid Mindy $50.00 for the substance. 1/ On June 4, 1986, Investigators Baixauli and Garcia returned to the licensed premises. As they seated themselves at the bar, Investigator Garcia observed two patrons playing the video poker machine and shortly thereafter saw Respondent open the machine, erase the accumulated points, and pay the patrons and unknown quantity of money from the cash register. Later, while seated at the bar, Investigator Garcia engaged the on-duty bartender, Mindy, in conversation. Mindy placed a napkin on the bar in front of Garcia, poured cocaine onto it from a plastic package she had removed from her pocket, and invited Garcia to try some "perico". At that time there were a number of patrons, including a family with small children, seated proximate to Garcia. The investigators went to the bathroom and secured the cocaine in an evidence bag. Upon their return from the bathroom, the investigators heard screaming and arguing near the bar. They observed a male patron approach another male patron, who was carrying a gym bag which he claimed contained a shotgun, and demand that he put the gun away or use it. Respondent attempted to quell the disturbance; however, the patron with the bag swung it against the other patron's head, causing a severe cut and profuse bleeding. As the two patrons wrestled to the floor among broken bottles and glass, Respondent picked up the gym bag and hid it in the kitchen. After the fight broke up, Respondent's employees immediately cleaned up the premises. When the police arrived to investigate the disturbance they found no evidence of the mayhem that had occurred, and were assured by Respondent that only a miner altercation had taken place. Contrary to Respondent's assurances, a real donnybrook had occurred, and the patron struck with the gym bag had suffered severe injuries and was, at that moment, in the hospital. After the police left, another on-duty bartender, Debra (Mindy's sister), approached the investigators while they were seated at the bar and, laughing, began talking about the fight. During the course of their conversation, Debra removed a straw from her shoe and a five dollar bill from her blouse. She unfolded the bill on the bar, revealing a white powdered substance, and snorted a portion of the substance through the straw. Several patrons, together with bartender Mindy, were present at this time. Later that evening, Mindy handed Investigator Garcia a small plastic bag of cocaine, telling him to go try some. The investigators went into the bathroom where they transferred a portion of the cocaine into a plastic bag for evidence and returned the remainder to Mindy." 2/ On June 6, 1986, Investigators Baixauli and Garcia returned to the premises, and assumed their usual seats at the bar. A patron seated next to Investigator Garcia introduced himself as Eduardo and asked Garcia if he wanted to buy some good perico. When Garcia agreed, Eduardo stood, removed a small plastic bag of cocaine from his pocket, laid it on the bar, and received $45.00 from Garcia. Several patrons, together with the on-duty bartender, Maritza, observed the transaction. Later, Investigator Baixauli asked on-duty bartender Debra if she could get him some cocaine. When Debra agreed, Baixauli gave her $50.00 and she walked over to three male patrons. Upon her return, Debra placed a plastic package of cocaine on the bar in front of the investigator. Several patrons smiled at Baixauli after observing the transaction. Following this sale, off- duty waitress Jenny approached Investigator Baixauli and told him she was sure he would like the perico since she was the supplier. Subsequently, Jenny joined a male patron seated down the bar, and the two snorted a white powder off the bar in the presence of numerous patrons. On June 9, 1986, Investigators Baixauli and Garcia returned to the licensed premises. The investigators began speaking with patron Eduardo, regarding the purchase of more cocaine. The investigators left the bar for a short time with Eduardo, but returned before him. When Eduardo entered the premises, he was carrying a large plastic bag containing approximately one ounce of marijuana. Eduardo placed the bag on the bar in front of the investigators, and told them the marijuana was on the house. On-duty bartenders Esperanza and Candy, together with Respondent, were proximate to this transaction. On June 10, 1986, the investigators returned to the premises. During the course of their visit, Investigator Baixauli observed a male patron playing the video poker machine who suddenly exclaimed "I won". Respondent told the patron to "leave it on 600 and I'll pay you". Respondent then paid the patron $150.00 from the cash register. The investigators again returned to the premises on June 12, 1986. As Investigator Garcia spoke with off-duty waitress Jenny, she removed a small change purse from her boot, which she opened to reveal several small packages of white powder. Jenny told Garcia she would sell him some for $50.00, as opposed to $60.00, if he would agree to let on-duty bartender Maritza have some. When Garcia agreed, Jenny and Haritza went to the restroom. Jenny subsequently returned and handed the packet of cocaine to Investigator Garcia. Later, a patron identified as Roger sat next to Investigator Garcia and Jenny, and purchased a packet of cocaine from her. Roger subsequently handed Jenny the packet and told her to let her friends try some. Investigator Garcia went to the restroom, secured a sample of the cocaine for evidence, and returned the remainder to Jenny. On June 16, 1986, the investigators returned to the premises and took their usual seats at the bar; on duty were bartenders Mindy and Debra. Investigator Baixauli observed Respondent standing at the video poker machine watching a patron play. When the patron had achieved a score of 400 points, he told Respondent to "credit me 50 on the machine and give me the rest". Respondent credited the machine 50 points, and paid the patron an unknown amount of money from the cash register. Meanwhile, Eduardo seated himself next to Investigator Garcia and asked if he wanted to buy some good cocaine. Garcia told Eduardo that he was a little short of cash, however, since Mindy volunteered to go halves, Garcia agreed. Garcia gave Mindy $25.00, she borrowed $10.00 from Debra, and gave Eduardo a total of $50.00 in exchange for a plastic packet of cocaine. Mindy held the packet up for Debra to see, whereupon they went to the restroom. Upon their return, Mindy placed the packet of cocaine on the bar in front of Garcia. On June 18, 1986, the investigators returned to the premises, and took their usual seats at the bar. While Garcia was seated next to, and speaking with, off-duty waitress Jenny, Jenny summoned Respondent. While Respondent was present, Garcia asked Jenny if she had a small amount of perico he could have since he was short of cash. At that point, Respondent moved about 3-4 feet away to speak with a patron. Jenny removed a plastic packet of cocaine from her pocket and placed it on the bar. As Garcia reached to pick up the packet, he observed Respondent looking in his direction. As Garcia continued to speak with Jenny, a male patron approached her and asked if she had his "stuff". Jenny handed the man a plastic packet containing a white powder and he paid her an unknown quantity of money. Investigator Garcia subsequently observed the patron snort a portion of the white powder through a rolled up dollar bill while standing in the pool room area. A number of patrons were playing pool or standing in the area during his activity. The investigators returned to the premises on June 20, 1986, and observed Respondent pay off on the video poker machine. Later in the evening, while Respondent was speaking to Sixto Gonzalez, Sixto called Mindy over and handed her a marijuana cigarette. Mindy and her sister Debra went to the service door and smoked the marijuana. On June 23, 1986, the investigators returned to the premises. After assuming their usual seats, Investigator Baixauli asked on-duty bartender Debra if she had any cocaine for sale. Debra replied that she did not, but that she could get some from another on-duty bartender, Esperanza. Baixauli gave Debra $50.00, and she secured a plastic packet of cocaine from Esperanza and delivered it to Baixauli. Several patrons, who were speaking with Esperanza at the time, observed the transaction. On June 27, 1986, the investigators returned to the premises for the last time. Seated in their usual seats, Investigator Baixauli counted out $50.00 in front of on-duty bartender Mindy. Mindy immediately picked up the money and, walking away, announced "it's perico time". Baixauli observed Mindy approach a male known as Flaco and then go the restroom. When she returned to Baixauli, she handed him a plastic packet of cocaine. Baixauli held the packet up in the presence of other patrons, and while Respondent was standing behind the bar. All of the events summarized in the preceding paragraphs took place at the licensed premises during normal business hours and at times when Respondent was present. At no time did Respondent or his employees express any concern about any of the drug transactions. In fact, all of the employees who worked in the bar portion of the licensed premises knew that marijuana and cocaine were being used and sold on the licensed premises, on a regular, frequent, and flagrant basis. Neither Respondent, nor any of his employees, took any action to prevent, discourage, or terminate the sale or use of controlled substances.
Findings Of Fact Based on the exhibits received in evidence and on the testimony of the witnesses at the hearing, I make the following findings of fact: On September 10, 1984, the Petitioner received an application for a Series 4-COP, SRX Alcoholic Beverage License from Respondent Club Lido of Gainesville, Inc. On the above date, the Petitioner issued a new temporary Series 4-COP, SRX license to the Respondent pending investigation of the application. The application was submitted signed by Richmond Smith who represented himself as the president, secretary, treasurer, and sole stockholder of Respondent. The application was subsequently approved and the Respondent was issued License Number 11-00786SRX, Series 4-COP on October 1, 1984, to be utilized at a location designated as 233 West University Avenue, Gainesville, Alachua County, Florida. During the year 1985, Division of Alcoholic Beverages and Tobacco Investigator William L. Cooter, Sr., received complaints from various restaurant owners in Alachua County, that Respondent was not operating as a bona fide restaurant, inferring that alcoholic beverage sales at Club Lido exceeded 49 percent of the gross sales. Additionally, Investigator Cooter had visited the premises on numerous occasions and had observed that only small quantities of food items were being served on the premises of Club Lido. In response to the above complaints and on the basis of his personal observations, Investigator Cooter, on September 18, 1985, proceeded to the premises of Respondent and requested a review of the Respondent's food and alcoholic beverage sales. The request for records was made to Richmond Smith, President of Club Lido. On the above date, Smith responded that the records were not on the premises and that Investigator Cooter would be required to subpoena the records if he wished to examine them. Accordingly, Investigator Cooter issued an Official Notice to Richmond Smith on behalf of Club Lido which required production of the sales records by October 4, 1985. The Respondent failed to produce its sales records as of October 4, 1985. The Respondent, as of the date of formal hearing, had still failed to produce its sales records. On November 15, 1985, Investigator Cooter, along with Investigator Donald O'Steen, proceeded to the premises of the Respondent in order to inspect its equipment, supplies, and patron accommodations. The investigators found a minimal quantity of food on the premises. There was not a sufficient amount of food products to serve full course meals to 100 or more patrons on the premises of Respondent on November 15, 1985. There were not adequate seating accommodations to seat and serve full course meals to 100 or more patrons on the premises of Respondent on November 15, 1985, in that only 94 chairs and bar stools were present on the premises. The investigators also noted that there was no employee designated as a "chef" or "cook" on the premises and that approximately two- thirds (2/3) of the silverware needed to serve 100 or more patrons had not been unpackaged. On July 18, 1986, the Respondent terminated active business operations based on the unprofitability of the business. Richmond J. Smith, was a Respondent in Case No. 78- 338, Division of Administrative Hearings, Department of Business Regulation Case No. 3-77-66A, wherein violations of Rule 7A-3.14 and 7A-3.15, Florida Administrative Code, relating to the maintenance of food and beverage records relative to a SRX Alcoholic Beverage License were alleged. The above violations were settled by Stipulation and the licensee paid civil fines relative thereto.
Recommendation Based upon all of the foregoing, it is RECOMMENDED: That the Division of Alcoholic Beverages and Tobacco enter a Final Order revoking the Special Restaurant Alcoholic Beverage License of Respondent. DONE AND ENTERED this 19th day of September, 1986, in Tallahassee, Florida. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed by the Clerk of the Division of Administrative Hearings this 19th day of September, 1986. COPIES FURNISHED: W. Douglas Moody, Jr., Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301-1927 Charles G. Brackins, Esquire Suite B 920 N.W. 8th Avenue Gainesville, Florida 32601 Mr. Richmond Smith Club Lido of Gainesville, Inc. 233 West University Avenue Gainesville, Florida 32601 Howard M. Rasmussen, Director Division of Alcoholic Beverages and Tobacco 725 South Bronough Street Tallahassee, Florida 32301 Thomas A. Bell, General Counsel Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 James Kearney, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
The Issue Whether the Division of Alcoholic Beverages and Tobacco is estopped from denying petitioner's application for a transfer of a special restaurant license.
Findings Of Fact In December, 1981, Applicant applied for transfer of alcoholic beverage license no. 23-02433, 4-COP SRX, a special restaurant license held by Charlies the Lakes Restaurant, Inc. & Willman Co.. DABT denied the application, contending that the licensed premises did not meet minimum seating or square footage requirements. (P-1, letter of denial dated April 8, 1982). The licensed premises, known as the Lakeside Cafe, is located at 6125 Miami Lakes Drive, Miami Lake percent, Florida. It has less than 4,000 square feet of service area and is able to seat less than 200 patrons at tables. (P-1, R-1 Stipulation of counsel) Applicant contends that since DABT granted a special restaurant license (4 COP-SRX) to the present and previous licensees, it is now estopped to deny the application. Although DABT has continuously granted such a license, license applicants have twice filed affidavits indicating that the licensed premises meets square footage and seating requirements. In 1976 and 1980 two separate applicants filed sworn affidavits stating that the licensed premises occupied 4,000 or more square feet of floor space and could accommodate 200 or more patrons at tables. On November 17, 1981, Applicant signed an agreement to purchase the licensed premises from the present licensee for $210,000.00. Under that agreement, the present licensee was required to transfer its interest in the beverage license to applicant. (P-3)
Recommendation Based on the foregoing, it is RECOMMENDED: That Applicant's application to transfer license No. 23-02433, 4-COP SRX, be DENIED. DONE and RECOMMENDED this 16th day of November, 1982, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of November, 1982.
Findings Of Fact The Hearing Officer finds the following facts: Respondent is the holder of Beverage License No. 26-957,2-COP and the licensed premises encompass the bar known as "The Harem". Sergeant Thomas R. Genest, a Jacksonville Police Officer, went in The Harem on November 1, 1974. Upon entering he saw Georgiann Smith and Annie Pearl Williams, both of whom worked as topless dancers in The Harem and were at that time dressed as topless dancers. At the time Sergeant Genest entered the bar Smith was dancing topless at the bar between the legs of a male patron simulating intercourse with the patron. Williams was similarly dancing topless between the legs of a male patron, simulating intercourse and allowing the patron to place his hands on her buttocks and thighs. Sergeant Genest had no independent recollection of Virginia Lou Roberts or any acts in which she might have been engaged on November 1, 1974, in The Harem. On March 6, 1975, Detective H. R. Hall of the Jacksonville Sheriff's Office Vice Squad, was working The Harem undercover. While in The Harem he saw Maria Jenkins, Essie Mae Parks and Gaynell Moore, who were dressed as topless dancers and working as topless dancers in the bar. Jenkins was dancing topless between the legs of a male patron and rubbing her body against him as she danced. Parks was dancing topless between the legs of a male patron, who had his hands on her buttocks as she rubbed her vagina against his mid-section. Moore was dancing topless between the legs of a male patron who had his hands on her buttocks as she rubbed her vagina against his mid-section. At all times pertinent to this proceeding Georgiann Smith, Annie Pearl Williams, Maria Jenkins, Essie May Parks and Gaynell Moore were agents, servants or employees of the licensee.
