The Issue Whether the Respondent committed the violations alleged in the Administrative Action dated August 11, 2000, and, if so, the penalty that should be imposed.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The Department is the state agency charged with enforcing Florida's Beverage Law, and, specifically, with regulating the sale of alcoholic beverages. Sections 561.02 and 561.11(1), Florida Statutes. At all times material to this proceeding, Coluccis Attic, Inc., held alcoholic beverage license number 60-11724, Series 4 COP SRX, a special restaurant license which authorized the sale of alcoholic beverages on the premises of the restaurant of the same name located at 600 North Congress Avenue, Delray Beach, Florida. On July 18, 2000, an inspector employed by the Department conducted a routine investigation of the restaurant. As part of the investigation, the investigator was provided a copy of the restaurant's sales report for the period from May 17, 2000, through August 6, 2000. The investigator calculated the percentages of gross revenue from the sale of food and of alcohol sales with respect to total gross sales, and the calculations showed that food sales were 31.5 percent of total gross sales.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, enter a final order, Finding that Coluccis Attic, Inc., violated Section 561.20(2)(a)4., Florida Statutes (2000); Imposing an administrative fine in the amount of $1,000.00 against Coluccis Attic, Inc.; and Revoking the special restaurant license of Coluccis Attic, Inc., without prejudice to apply for any other type of alcoholic beverage license but with prejudice to apply for a special restaurant license for a period of five years. DONE AND ENTERED this 21st day of August, 2001, in Tallahassee, Leon County, Florida. PATRICIA HART MALONO 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 21st day of August, 2001.
The Issue The issue for determination is whether Respondent committed the offenses set forth in the Administrative Action and, if so, what action should be taken.
Findings Of Fact At all times material hereto, Café was a restaurant, serving full course meals, and was located at 1599 North State Road 7, Lauderhill, Florida. At all times material hereto, the sole owner of Café was Mary Fernand. On December 18, 2003, Café, through Ms. Fernand, made application for a license from DABT. The type of license applied for was a retail alcoholic beverage license, in particular a special alcoholic beverage license, allowing it to purchase and sell alcoholic beverages. In a section of the application, "SECTION VIII-SPECIAL LICENSE REQUIREMENTS," Ms. Fernand was notified, among other things, that the "Special Alcoholic Beverage License" was "issued pursuant to 561.20(2)(b), Florida Statute [sic] or Special Act and as such we acknowledge the following requirements must be met and maintained: ... DERIVE 51 % OF GROSS REVENUE FROM FOOD AND NON- ALCOHOLIC BEVERAGES. SERVICE OF FULL COURSE MEALS MUST BE AVAILABLE AT ALL TIMES ALCOHOLIC BEVERAGES ARE BEING SERVED." As the person completing the application, Ms. Fernand was required to read, initial, and date Section VIII. A temporary special alcoholic license was issued by DABT to Café on December 18, 2003. The application was approved by DABT on December 19, 2003, and, subsequently, a permanent special alcoholic license was issued by DABT. DABT issued Café license number BEV16-17022 4-COP SRX. The license was held through Ms. Fernand. As a result of having been issued such a license by DABT, Café was and is subject to the regulatory jurisdiction of DABT. DABT conducts periodic audits of all restaurants holding a special SRX license to make sure that the restaurants are complying with the special license requirements. As part of this audit process, special agents from DABT, among other things, conduct announced visits, as well as undercover visits, at the restaurants and request the licensee to submit all necessary records for the audit. A SRX license holder has a continuing requirement to derive at least 51 percent of its gross revenue from sales of food and non-alcoholic beverages. DABT places the burden upon the licensee to show compliance with the SRX license requirements. Furthermore, DABT requires the licensee to keep clear, legible records in English and to submit such records if requested by one of its agents. When DABT requests the licensee to produce the records to establish compliance with the SRX license requirements, but the licensee fails to show compliance through the requested records, DABT determines that the licensee was not meeting the requirements to operate with the SRX license. The proof that DABT considers to establish compliance include monthly sales and purchase records of food and non- alcoholic beverages and sales and purchase records of alcoholic beverages, guest checks, z-tapes, monthly income statements (showing separately the food and non-alcoholic beverage sales), and sales of alcoholic beverages. On July 19, 2004, DABT's Special Agent Trenesa Davis visited Café to request Café to produce the records necessary for an audit under the SRX license. She found Café closed and locked. Special Agent Davis obtained Ms. Fernand's telephone number and contacted her that same day. Special Agent Davis informed Ms. Fernand of the records needed for the audit, and Ms. Fernand indicated that she would provide the requested records on July 21, 2004. However, Ms. Fernand failed to provide the requested records on July 21, 2004. The following day, July 22, 2004, Special Agent Davis again contacted Ms. Fernand by telephone. Ms. Fernand indicated that she would provide the requested records on July 23, 2004. But, again, Ms. Fernand failed to provide the requested records. On July 26, 2004, once again, Special Agent Davis contacted Ms. Fernand by telephone regarding the non-production of the requested records. Ms. Fernand indicated that she was ill, and Special Agent Davis informed Ms. Fernand that she could come to where Ms. Fernand was living and issue her an official notice of what DABT needed, with the compliance date. Ms. Fernand agreed, and Special Agent Davis proceeded to where Ms. Fernand was living. On that same day, July 26, 2004, Special Agent Davis issued Ms. Fernand an official notice to produce certain documents. The notice provided, among other things, that Ms. Fernand had "14 days to produce the following records: Separate records of all purchases and gross retail sales of food and non-alcoholic beverages & alcoholic beverages, Guest checks, cash register tapes, and any other documentation used to determine your food & beverage sales." Furthermore, the notice warned that "Failure to comply may result in administrative charges being filed against your alcoholic beverage license. *COMPLIANCE DATE AUGUST 13, 2004*." The notice was dated July 26, 2004. Ms. Fernand signed the notice. Ms. Fernand received the notice on July 26, 2004. On August 6, 2004, Special Agent Davis received a package from Café, but did not open it. She immediately took the package to DABT's auditor assigned to conduct Café's audit, Ronald Flores. Special Agent Davis opened the package in the presence of Auditor Flores. Inside the package were the following: (1) 11 receipts, dated between May 6 and June 23, 2004, showing purchases of alcohol from another vendor, BJ's Wholesale Club; (2) three blocks of guest checks: block one--numbered from 512402 to 512450; block two--numbered 100703, 100705, 100707- 100709, 100711, and from 100713 to 100750, with the guest checks from 100713 to 100750 being blank; and block three--numbered from 100592 to 100595 and 100632; and (3) 26 loose kitchen tickets, numbered from 84551 to 84570 and from 84572 to 84577. All of the kitchen tickets failed to reflect a date, the name Café or of any restaurant, and food sales. Further, the guest checks reflected only sales of alcoholic beverages; reflected only dates on those numbered 100708 and 100709 ("05-28-04" and "6/4"); and reflected dates ("4/18/04" through "5/31/04") and the name Café on those numbered 512402-512450, with the dates on three checks not being legible. The package contained no other record of food sales or purchases and no record of purchasing alcoholic beverages from distributors. Furthermore, the package contained no record of monthly schedules showing food and non-alcoholic and alcoholic beverage sales. Based on the records presented by Ms. Fernand, Auditor Flores was unable to perform an audit required by Café's SRX license and unable to make a determination as to whether Café met the 51 percent requirement of its license. On August 8, 2004, Special Agent Davis contacted Ms. Fernand by telephone in the presence of Auditor Flores, with the telephone on speaker-phone. Special Agent Davis inquired as to the whereabouts of Café's food and non-alcoholic beverage records. Ms. Fernand responded that she was not aware that Special Agent Davis wanted the food and non-alcoholic records but that she (Ms. Fernand) would provide them by August 13, 2004, which was the original compliance date of DABT's notice to produce records. However, Special Agent Davis did not receive any records from Ms. Fernand until August 16, 2004, three days beyond the compliance date to produce the records. The package received from Ms. Fernand contained three computer-generated documents for Café: an income statement, representing "6 Months Ended June 30, 2004"; a 2004 balance sheet, as of June 30, 2004 and 2003, and a balance sheet of liabilities and stockholders' equity, as of June 30, 2004 and 2003. Reflected at the bottom of each document was the following: "See Accountants' Compilation Report." The income statement reflected for January 1 through June 30, 2004, among other things, the following: food sales in the amount of $8,417.34 and alcohol sales in the amount of $3,039.66, totaling $11,457.00; gross profit in the amount of $5,942.51; total operating expenses in the amount of $23,901.19; and a net loss of income in the amount of $17,958.68. The income statement did not reflect monthly schedules of sales or any source of documents to verify the figures in the statement of income. No document in the package received on August 16, 2004, reflected its source or its creator, and none were signed. However, at hearing, Ms. Fernand admitted that she had prepared the income statement. Moreover, in the package received on August 16, 2004, no food sales and purchase records and no alcohol sales and purchase records were included. Again, based on the records presented by Ms. Fernand on August 16, 2004, as well as August 6, 2004, Auditor Flores was unable to perform an audit required by Café's SRX license and unable to make a determination as to whether Café met the 51 percent requirement of its license. On August 18, 2004, Auditor Flores forwarded to Special Agent Davis a memorandum advising her, among other things, that the records submitted by Café were incomplete to make a determination as to whether Café complied with the "SRX" requirements, that Café needed to provide the register tapes in order to verify sales, and that Café needed to provide monthly sales schedules with a breakdown of food and alcoholic beverage sales. Further, on August 18, 2004, Special Agent Davis issued a notice to Café that DABT intended to file an administrative complaint against it for failure to maintain records, citing the statutory provision, and SRX violations, citing the statutory provisions. The notice was mailed, certified to Café. Ms. Fernand admits that, between December 2003 and March 2004, Café sold food, as it was a "full restaurant," and alcoholic and non-alcoholic beverages; however, no alcoholic beverages were sold in December 2003. Further, she admits that, in December 2003, she had a "get together for a few friends" and a few patrons at Café; and that, in January 2004, a party was held at Café at which alcoholic beverages were sold of which she kept records. Additionally, Ms. Fernand acknowledges that she was aware that she was required to keep records and admits that she kept records of the food sales and alcoholic and non-alcoholic beverage sales. Although she obtained the license from DABT for Café in December 2003, Ms. Fernand did not open Café for business until April 17, 2004, as a grand opening. On June 26, 2004, Ms. Fernand lost access to Café as a result of being closed by the City of Fort Lauderdale. Also, in August 2004, she was evicted by the landlord of the building in which Café was located. Subsequently, she paid the landlord the back rent and was allowed to use the building again. She did not re-open Café until around November 20, 2004, even though the City of Fort Lauderdale notified her around September 7, 2004, that Café could be re-opened. Because of the eviction in August 2004, when Special Agent Davis requested the documents, Ms. Fernand had to request the landlord to go into Café and get the documents for her (Ms. Fernand). Ms. Fernand provided to Special Agent Davis the documents given to her by her landlord. Prior to losing access to the building in which Café was located, during the loss of access, and after re-gaining access, a box containing Café's records was located at Café. At no time, when she did not have access, did Ms. Fernand request the landlord to bring the box to her in order to provide food and beverage records to DABT. At no time, after gaining access to the building or prior to hearing, did Ms. Fernand review the records in the box and provide the requested food and beverage records to DABT.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco enter a final order: Finding that Ran D Vou Café, d/b/a Ran D Vou Café violated Section 561.20(2)(a), Florida Statutes (2003). Finding that Ran D Vou Café, d/b/a Ran D Vou Café violated Section 561.55(3)(b), Florida Statutes (2003). Revoking the SRX license of Ran D Vou Café, d/b/a Ran D Vou Café, with prejudice for Ms. Mary Fernand not to obtain another SRX license for a five-year period, but without prejudice for her to apply for and obtain any other license for which she may be otherwise qualified to hold. DONE AND ENTERED this 24th day of April 2006, in Tallahassee, Leon County, Florida. S ERROL H. POWELL 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 24th day of April, 2006.
Findings Of Fact Respondent currently holds alcoholic beverage license number 69-007441, series 2COP, for the licensed premises known as Javis Pub located at 600 North Highway 17-92, Longwood, Seminole County, Florida. At all material times, Jose Javier Zudaire (Javi) was the sole owner and officer of Respondent. At all material times, a person known only by the name of John was employed by Respondent as a bartender. On April 7, 1988, Sandra D. Owens, who was employed by the Seminole County Narcotic Unit, entered Javis Pub in an undercover capacity with a confidential informant who had advised the law enforcement authorities that illicit drugs were being sold in the bar. At the time, the informant was negotiating with Javi for the purchase of the bar. The informant introduced Ms. Owens to Javi. In the ensuing conversation, Javi told Ms. Owens that he had not gotten home until 7:00 a.m. that day because he had been out taking cocaine the prior evening. Ms. Owens complained that cocaine was hard to come by. Javi began to discuss the quality of the cocaine that he could obtain and the prices for which he could obtain it. Javi then offered to get Ms. Owens a free sample of his cocaine, but she stated that she would rather purchase it. They then agreed that she would return the next evening and purchase 1/8 ounce for $200 from John, who was the bartender. When Ms. Owens returned the next evening, John was not there. Javi and Ms. Owens began conversing. After a short time, Javi picked up a pack of cigarettes that Ms. Owens had laid down on the bar, emptied it of most of the cigarettes, took the pack into a back room behind the bar, and returned with the pack, into which he had placed 1/8 ounce of cocaine. Javi then placed the pack in front of Ms. Owens, who placed two one-hundred dollar bills under a nearby ashtray. Javi completed the transaction by taking the two bills. Before Ms. Owens left the bar, Javi assured her that she would like the cocaine. She left the bar, but returned later in the evening to thank Javi and tell him that she would be leaving town for a week or so. During the next couple of weeks, Ms. Owens spoke by telephone with Javi and John about seven times. Although she in fact had remained in town, she told them that she was visiting friends in Houston and gave them a telephone number in Houston to call her. Through an arrangement with the Houston police department, they took the calls on a private line and forwarded all messages to Ms. Owens. On the evening of April 21, 1988, Ms. Owens returned to the bar. She met with John, who told her that he would sell her an ounce of cocaine if she returned to the bar at midnight. Ms. Owens returned to the bar at 11:55 p.m. on April 21. John was waiting outside for her. Together, they entered the bar where they were joined by Javi. Javi asked John if he was going to take care of Ms. Owens. Javi then left the bar and John went to the back room behind the bar and returned with a white envelope containing cocaine. He removed the envelope from a back pocket and Ms. Owens asked him if he wanted to complete the transaction out in the open. He told her not to worry about "my people." While seated at the bar in good lighting with other persons present, Ms. Owens counted out, onto the surface of the bar, the $1300 cash that they had agreed upon and John gave her the cocaine. Shortly after purchasing the cocaine, Javi returned to the bar, asked Ms. Owens if John had taken care of her, and assured her that she would like the cocaine. Petitioner's policy calls for the revocation of an alcoholic beverage license whenever illegal drug sales repeatedly take place in the licensed premises, the premises are declared a public nuisance, and the premises are a place of dealing, storing, selling, or using illegal drugs; the licensee sells a controlled substance one or more times; or an employee makes three or more sales of a controlled substance on the licensed premises and in an open manner so as to indicate culpable negligence on the part of the licensee in the management of the premises.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered finding Respondent guilty of violating Section 561.29(1)(a) and (c) Florida Statutes, and revoking the subject alcoholic beverages license. DONE and RECOMMENDED this 17th day of October, 1988, in Tallahassee, Florida ROBERT E. MEALE 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 17th day of October, 1987. APPENDIX TO RECOMMENDED ORDER Treatment Accorded Petitioner's Proposed Findings 1-2. Adopted. 3. First and last sentences adopted. Remainder rejected as unsupported by the evidence. 4-6 . Adopted. 7. Rejected as legal argument. 8-12. Adopted. COPIES FURNISHED: Thomas A. Klein, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1007 Richard A. Colgrove, Esquire Firm of Thomas C. Greene, Esquire 212 North Park Avenue Post Office Box 695 Sanford, Florida 32772-0693 Leonard Ivey, Director Division of Alcoholic Beverages and Tobacco 725 South Bronough Street Tallahassee, Florida 32399-1007 Joseph A. Sole, General Counsel Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1007
Findings Of Fact At all times pertinent to the allegations contained herein, Respondent, James P. Carpenter, held alcoholic beverage license number 21-429, Series 2-COP, issued by the State of Florida. On August 6, 1987, Alphonso Fontdevila, a Community Service Deputy with the Collier County Sheriff's Office, and an individual under the age of nineteen, was on special detail with sheriff's deputy, Todd Taylor, checking out various liquor stores in the area to see if the operators were checking the age of purchasers. At approximately 9:00 p.m., Fontdevila and Taylor drove in an unmarked car to the Respondent's place of business, the Pony Keg, a drive through bar and restaurant located on U.S. 41 South in Naples, Florida. Before Fontdevila entered the facility, Taylor got out of the car and went over to stand by some bushes to the side of the facility. Though concealed from sight, he could see what was going on inside the facility. He observed Fontdevila drive into the facility and up to the counter, where he was waited on by the Respondent, personally. Mr. Carpenter approached Fontdevila from behind the counter and asked what he wanted. When Fontdevila indicated he wanted a six pack of beer, Respondent gave it to him. Mr. Fontdevila paid Respondent $3.24, receiving change from a $5 bill. At no time did Mr. Carpenter ask for any identification or proof of age from Mr. Fontdevila. Having made the purchase, Mr. Fontdevila left the facility, picked up Mr. Taylor and returned to the sheriff's office. Respondent claims no recollection of the purchase in question. However, he claims that on the date of the purchase, a Thursday, he was in his office working on the payroll. Though he usually has two people on duty in the facility, when necessary he comes out and serves patrons to speed service. On the evening in question, trade was sporadic. When Fontdevila entered the facility, Carpenter had just come out of his office to help his sales' lady serve a line of cars and they were not working fast. It is often difficult to get a good look at patrons when one is off to the side looking into a dark car, especially at night. It is difficult to tell if the person or patron is over age or not. Respondent has a standard procedure at the Pony Keg which requires his employees to check identification. Because he understands kids will try to buy beer improperly, he emphasizes to all his employees the need to check identification and age. If he suspects a minor is trying to buy beer, the patron is normally refused service if he will not produce identification to establish age. In some cases in the past, his employees have called the sheriff's office to come to the facility when they suspect an underaged individual is making a purchase. However, since he has no authority to hold the patron, ordinarily the patron is gone by the time the sheriff's car gets there. Mr. Carpenter was issued a citation in this case and tried in county court. The judge withheld adjudication and imposed court costs. The records of the Division of Alcoholic Beverages and Tobacco reflect that on November 16, 1983, Respondent was issued an official notice that an employee had been observed selling alcoholic beverages to an underaged individual and on April 23, 1986, the Respondent was issued a second official notice alleging similar misconduct. Respondent has, since this latest incident, been instrumental in the establishment of a seminar for facility owners on methods of identifying patrons for age. He has also put his business up for sale.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is, therefore RECOMMENDED that the Respondent's 2-COP alcoholic beverage license number 21-429 be suspended for thirty days and that he pay a fine of $500. RECOMMENDED in Tallahassee this 29th day of March, 1988. 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 24th day of March, 1988. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 87-4934 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all the proposed findings of fact submitted by the Petitioner herein. 1-6. Accepted and incorporated herein. COPIES FURNISHED: Harry Hooper, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1007 Christine Hissam, Esguire Faerber and Miller 2335 Tamiami Trail North Suite 505 Naples, Florida 33940-4482 s Daniel Bosanko, Director Division of Alcoholic Beverages and Tobacco 725 South Bronough Street Tallahassee, Florida 32399-1007 Van B. Poole, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1007 Joseph Sole General Counsel 725 South Bronough Street Tallahassee, Florida 32399-1007
The Issue This case concerns the application of William E. Morey, who does business as Morey's Restaurant, to acquire a new series 2-COP beverage license from the Respondent, State of Florida, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, in which the Respondent has denied the license application on the grounds that the granting of such a license would be contrary to provisions of Section 561.42, Florida Statutes, and Rule 7A-4.18, Florida Administrative Code. These provisions of the Florida Statutes and Florida Administrative Code deal with the prohibition of a financial interest directly or indirectly between distributors of alcoholic beverages and vendors of alcoholic beverages.
Findings Of Fact The Petitioner, Willian E. Morey, applied to the State of Florida, Departent of Business Regulation, Division of Alcoholic Beverages and Tobacco, for the issuance of series 2-COP alcoholic beverage license. By letter dated, January 23, 1979, the Director of the Division of Alcoholic Beverages and Tobacco denied the application based upon the belief that such issuance wood violate the provisions of Section 561.42, Florida Statutes, and Rule 7A-4.18, Florida Administrative Code. The pertinent provision of Section 561.42, Florida Statutes, states: 561.42 Tied house evil; financial aid and assistance to vendor by manufacturer or distributor prohibited; procedure for en- forcement; exception.-- (1) No licensed manufacturer or distributor of any of the beverages herein referred to shall have any financial interest, directly or indirectly, in the establishment or business of any vendor licensed under the Beverage Law, nor shall such licensed manu- facturer or distributor assist any vendor by any gifts or loans of money or property of any description or by the giving of rebates of any kind whatsoever. * * * In keeping with the general principle announced in Section 561.42, Florida Statutes, the Respondent has enacted Rule 7A-4.18, Florida Administrative Code, which states: 7A-4.18 Rental between vendor and distri- butor prohibited. It shall be considered a violation of Section 561.42, Florida Sta- tutes, for any distributor to rent any property to a licensed vendor or from a licensed vendor if said property is used, in whole or part as part of the licensed premises of said vendor or if said property is used in any manner in connection with said vendor's place of business. The facts in this case reveal that William E. Morey leases the premises, for which he has applied for a license, from Anthony Distributors, Inc., of 1710 West Kennedy Boulevard, Tampa, Florida. Anthony Distributors, Inc., is the holder of a J-DBW license to distribute alcoholic beverages in the State of Florida. This license is held with the permission of the State of Florida, Division of Alcoholic Beverages and Tobacco. Consequently, the issuance of a series 2-COP license to William E. Morey at a time when he is leasing the licensed premises from a distributor of alcoholic beverages, namely, Anthony Distributors, Inc., would be in violation of Section 561.42, Florida Statutes, and Role 7A-4.18, Florida Administrative Code.
Recommendation It is recommended that the Petitioner, William E. Morey's application for a series 2-COP beverage license be DENIED. DONE AND ENTERED this 10th day of August, 1979, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Willian E. Morey d/b/a Morey's Restaurant 4101 North 66th Street St. Petersburg, Florida 33709 Mary Jo M. Gallay, Esquire Staff Attorney Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
Findings Of Fact At all times pertinent, Respondent, Wilbert Barrington, d/b/a Barrington Inn (Respondent), has held license number 43- 19, Series 2-COP, for the sale of beer and wine at the Barrington Inn on State Road 59, north of Lloyd, Jefferson County, Florida. Respondent's license does not authorize him to sell gin. December 2, 1984, Respondent sold two 200 ml. bottles of Seagram's Gin at his licensed premises, one to a patron and one to an undercover agent employed by Petitioner, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco (Division). Respondent has had three prior similar violations. Respondent denied the allegations and testified at final hearing that the Division's undercover agent was not at his licensed premises on December 2, 1984, that he did not sell any gin on December 2, 1984, and that he does not sell gin or vodka at his licensed premises.
Recommendation Based on the foregoing Findings Of Fact and Conclusions Of Law, it is recommended, in view of Respondent's prior violations and testimony at final hearing, that Petitioner, Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, enter a final order revoking alcoholic beverage license number 43-19, Series 2-COP, held by Respondent, Wilbert Barrington, d/b/a Barrington Inn. RECOMMENDED this 16th day of October, 1985, in Tallahassee, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings, The Oakland Building 309 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of October, 1985. COPIES FURNISHED: Thomas A. Klein Staff Attorney Department of Business Regulation 725 S. Bronough Street Tallahassee, FL 32301 Ike Anderson, Esq. P. O. Box 56 Monticello, FL 32344 Richard B. Burroughs, Jr. Secretary The Johns Building 725 S. Bronough Street Tallahassee, FL 32301 Howard M. Rasmussen Director Division of Alcoholic Beverages and Tobacco The Johns Building 725 S. Bronorugh Street Tallahassee, FL 32301
Findings Of Fact The Respondents, Thomas Olhausen and Henry Stripling, d/b/a Trackside Lounge, hold Beverage License No. 23-1647, Series No. 4-COP, which was issued for the current year. On or about June 5, 1983, the Respondent Thomas Olhausen sold a controlled substance, namely cocaine, to Beverage Officer Terminello while he was on the licensed premises known as Trackside Lounge in Dade County, Florida. On or about June 8, 1983, the Respondent Thomas Olhausen sold cocaine to Beverage Officer Dodson while he was on the Trackside Lounge premises. On or about June 12, 1983, the Respondent Thomas Olhausen sold cocaine to Beverage Officer Terminello while he was on the premises of Trackside Lounge. The Respondent Henry Stripling did not go onto the Trackside Lounge between the dates of March 10 and June 10, 1983, pursuant to a restraining order issued on March 10, 1983, by the Dade County Circuit Court. This March 10, 1983, court order appointed two receivers to supervise the operation of the business known as Trackside Lounge. Pursuant to this authority the receivers employed Thomas Olhausen to operate and manage the business. Thus, Thomas Olhausen was not subject to the restraining order which barred Henry Stripling from entry onto the Trackside Lounge premises. The Respondent Henry Stripling had no connection with the sale of cocaine by the Respondent Thomas Olhausen to the Beverage Officers on June 5, 8 and 12, 1983. The court order of March 10, 1983, did not attempt to effect a judicial transfer of the beverage license held by the Respondents. The court appointed receivers did not file an application for a beverage license pursuant to Section 561.17, Florida Statutes, and there is no evidence that the receivers attempted to transfer the beverage license held - by the Respondents pursuant to Section S61.32(1)(a) and (b), Florida Statutes, or Section 7A-2.06(6), Florida Adminstrative Code. The court appointed receivers did not file a certified copy of the order appointing them as receivers with the Division of Alcoholic Beverages and Tobacco pursuant to Section 7A-2.06(6), Florida Administrative Code.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the alcoholic beverage license held by the Respondents, Thomas Olhausen and Henry Stripling, being number 23-1647, Series No. 4-COP, be revoked. THIS RECOMMENDED ORDER entered this 26th day of July, 1983, in Tallahassee, Florida. WILLIAM B. THOMAS, 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 26th day of July, 1983. COPIES FURNISHED: William A. Hatch, Esquire 725 South Bronough Street Tallahassee, Florida 32301 Mark A. Jacobs, Esquire 18204 Biscayne Boulevard North Miami Beach, Florida 33160 Richard F. Hayes, Esquire Suite 20 4601 Ponce de Leon Boulevard Coral Gables, Florida 33146 Gary Rutledge, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Howard M. Rasmussen, Director Division of Alcoholic Beverages & Tobacco 725 South Bronough Street Tallahassee, Florida 32301
Recommendation Based upon the findings of fact and conclusions of law recited above, it is recommended that respondent's license number 42-55 be revoked. Respectfully submitted and entered this 27th day of February, 1976, in Tallahassee, Florida. DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Mr. C.A. Nuzum Director Division of Beverage 210 Johns Building Tallahassee, Florida Mr. Charles F. Tunnicliff Department of Business Regulation 725 S. Bronough Street Room 210, Johns Building Tallahassee, Florida 32304 Mr. White Route 2, Box 13B Marianna, Florida 32446
