Findings Of Fact Respondent is a Florida corporation. Gary Popkin is its sole corporate officer and stockholder. He holds the positions of President, Vice-President, Secretary and Treasurer. Respondent is now, and has been at all times material hereto, the holder of alcoholic beverage license #16- 03 032 2-COP issued by Petitioner. The licensed business is a bar that operates under the name of Lynda's Lounge. It is located at 8007-8009 Kimberly Boulevard in North Lauderdale, Florida. C.G. is a paid confidential informant. The North Lauderdale Police Department is among the law enforcement agencies for whom he works. On the afternoon of July 19, 1989, C.G. entered Lynda's Lounge, sat down and ordered a drink. While in the bar, C.G. was approached by Vinnie Lavarello, another of the bar's patrons. They were joined by Popkin. A conversation ensued. Popkin advised C.G. that he had some "good pot" and asked him if he wanted to buy some. He suggested that C.G. act quickly because he only had a little left. Both Popkin and Lavarello told C.G. that there was no need to worry because everyone in the bar "smoked pot" and was "cool." C.G. informed Popkin that he would "let him know." He thereupon left the bar and paged Detective Gary Harris of the North Lauderdale Police Department. Harris instructed C.G. to meet him at the North Lauderdale police station, which is a short distance from the bar. In accordance with Harris' instructions, C.G. went to the police station. He provided Harris with a description of Lavarello and Popkin, as well as their names. Harris searched C.G. and C.G.'s car for drugs and found none. He then gave C.G. $20.00 with which to purchase marijuana from Popkin. C.G. drove back to the bar. He was followed by Harris in another vehicle. They arrived at the bar at approximately 5:55 p.m.. C.G. entered the bar, while Harris waited outside. Once in the bar, C.G. walked up to Lavarello and indicated that he was interested in consummating the deal they had discussed earlier that day. Popkin apparently overheard C.G. He gave C.G. a package containing marijuana (cannabis). In return, C.G. gave Popkin the $20.00 he had been given by Harris. Following this transaction, there was a discussion concerning the possibility of C.G. purchasing additional drugs, including cocaine, from Popkin. Popkin quoted C.G. prices for various quantities of the drug and encouraged C.G. to come back and do business with him. At approximately 6:10 p.m., fifteen minutes after he entered the bar, C.G. left and drove in his vehicle to a prearranged location to meet Harris. Harris observed C.G. leave the bar and followed C.G. in his vehicle to their predetermined meeting place. After they both exited their vehicles, C.G. handed Harris the marijuana he had purchased from Popkin and told Harris what had happened in the bar. Harris field tested the marijuana. It tested positive. Harris placed the marijuana in a sealed bag and forwarded it to the crime laboratory of the Broward Sheriff's Office. Tests performed at the crime laboratory reflected that the substance that Popkin had sold C.G. was indeed marijuana. After consulting with Harris regarding the matter, C.G. returned to Lynda's Lounge on July 21, 1989, to make arrangements to purchase an ounce of cocaine. As he had been told to do by Popkin, C.G. discussed the matter with Lavarello. C.G. and Lavarello agreed on a purchase price. C.G. then left the bar to get money to make the purchase. After leaving the bar, C.G. went to the North Lauderdale police station and met with Harris. Harris searched C.G. and C.G.'s vehicle for drugs and found none. He then gave C.G. money with which to purchase an ounce of cocaine from Lavarello. Although C.G. and Lavarello had agreed upon a purchase price of $700.00, because it is a common practice of drug dealers to raise their prices immediately before the transaction is to take place, Harris gave C.G. $800.00 in the event Lavarello raised his price. C.G. then drove back to the bar, followed by Harris in another vehicle. After parking, C.G. exited his vehicle and entered the bar. Harris remained outside, across the street from the bar. C.G. approached Lavarello. It was too noisy inside the bar to talk so C.G. and Lavarello left and continued their conversation in C.G.'s vehicle, which was parked in the lot in front of the bar. Lavarello indicated to C.G. that he did not have the cocaine with him and needed to pick it up, but that C.G. would have to give him the entire purchase price before he did so. C.G. then excused himself. He thereupon contacted Harris and they both returned to the North Lauderdale police station. Harris did not want C.G. to give Lavarello that much money and have to wait for the cocaine to be delivered. He therefore decided to have C.G. purchase an eighth of an ounce, instead of an ounce, of cocaine from Lavarello, the purchase price of which, C.G. had been told, was $150.00. Accordingly, Harris took back $600.00 of the $800.00 he had given C.G. earlier that day. Harris then again searched C.G. for drugs and found none. C.G. thereupon headed directly back to the bar, with Harris following behind him in another vehicle. C.G. met with Lavarello at the bar. He told Lavarello that he wanted to purchase a eighth of an ounce, rather than an ounce, of cocaine. He gave Lavarello $200.00 and made arrangements to meet Lavarello later that day at the bar to receive delivery of the cocaine he had purchased. At Lavarello's request, C.G. drove Lavarello to Lavarello's girlfriend's house. C.G. then returned to the North Lauderdale police station. At all times during this journey, C.G. and his vehicle were under Harris' observation. At the police station, Harris again searched C.G. for contraband and found none. Later that day, C.G. and Harris went back to Lynda's Lounge in separate vehicles. Harris remained outside, as C.G. exited his vehicle and headed towards the front door of the bar, where he encountered Lavarello. C.G. and Lavarello then proceeded to C.G.'s vehicle, where Lavarello handed C.G. a package containing cocaine. Upon receiving the package, C.G. complained that it appeared that he had received less cocaine than he had been promised. Lavarello admitted that he had given his girlfriend some of the cocaine that originally had been intended for C.G. To compensate for the missing cocaine, Lavarello gave C.G. a package containing marijuana. In addition to the cocaine and marijuana, Lavarello also gave C.G. a $20.00 bill and a gas receipt reflecting the amount of money he had paid for gasoline during his trip to pick up the cocaine. Following this transaction, C.G. and Lavarello went their separate ways. As he had done after the buy he had made on July 19, 1989, C.G. met Harris at a prearranged location. He handed Harris everything that Lavarello had given him. Harris searched C.G. and found no additional contraband. Harris then field tested both the cocaine and the marijuana. The test results were positive. After conducting these field tests, Harris placed the cocaine and marijuana in a sealed bag and forwarded the bag to the crime laboratory of the Broward Sheriff's Office. Tests performed at the crime laboratory reflected that the substances in question were indeed cocaine and marijuana. Popkin and Lavarello were subsequently arrested by Harris. 1/
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department of Business Regulation, Division of Alcoholic Beverages and Tobacco enter a final order finding Respondent guilty of the violations of Section 561.29(1), Florida Statutes, charged in the January 9, 1990, Notice to Show Cause and revoking alcoholic beverage license #16-03032 2- COP held by Respondent. DONE AND ENTERED in Tallahassee, Leon County, Florida, this & day of October, 1990. STUART M. LERNER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675
The Issue Whether the respondent's alcoholic beverage license should be disciplined on charges of violating Chapters 561 and 562, Fla. Stat. (1981), the Florida Beverage Law.
Recommendation Based on the foregoing, it is RECOMMENDED That respondent's alcoholic beverage license be revoked for multiple violations of the Beverage Law. DONE and RECOMMENDED this 25th day of April, 1983 in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of April, 1983.
The Issue The central issue in this case is whether Respondent is guilty of the violations alleged in the notice to show cause dated June 16, 1992; and, if so, what penalty should be imposed.
Findings Of Fact The Respondent owns an alcoholic beverage license, license number 5803205, for a business known as Tiffany & Suzy Q's Fun and Munch located in Apopka, Florida. Mr. Bowers, Respondent's husband, does not own the subject business or license, and may not as he has prior felony convictions within the last past five years that preclude his eligibility to own or hold an alcoholic beverage license. At all times material to the allegations of this case, Mr. Bowers was on the licensed premises acting as the manager or other person in charge of the business activities. Acting on information from a confidential source, the FDLE commenced an investigation of several vendors rumored to be involved in illegal foodstamp activity. FDLE retained several confidential informants (CI) to offer foodstamps for sale at substantially reduced prices. One of the confidential sources, Ella Mae Davis, posed as the seller at Respondent's licensed store. Acting in concert with another CI, Ms. Davis went to the store and offered foodstamps for sale to Respondent's husband. Ms. Davis alleged that the foodstamps had been stolen by her boyfriend, and that she wanted to sell them. Her instructions were to make Mr. Bowers (or other person at the store if there had been another) aware that the stamps were illegal, and to determine if a sale would be possible. On the first occasion, Mr. Bowers was receptive to the offer made by Ms. Davis and the CI. Ms. Davis observed Mr. Bowers go into a backroom at the store with the other CI who had possession of the foodstamps. When the CI came out, and the two women left the premises, the CI had the money received in exchange for the foodstamps. On a second visit to the store, Ms. Davis met Mr. Bowers who introduced her to a second male. Ms. Davis observed a second exchange of foodstamps for cash with the second male. This transaction took place at the licensed premises. During each of the transactions at the licensed premises, Ms. Davis observed Mr. Bowers' physical proximity to the exchange of foodstamps for cash. On each occasion the rate of exchange for the foodstamps was approximately fifty percent of the face value of the stamps. The Respondent was not on the licensed premises on either occasion when foodstamps were exchanged by Ms. Davis or her partner CI.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That Department of Business Regulation, Division of Alcoholic Beverages and Tobacco enter a final order revoking Respondent's beverage license. DONE AND RECOMMENDED this 21st day of January, 1993, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH 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 21st day of January, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 92-4808 Rulings on the proposed findings of fact submitted by the Petitioner: 1. Paragraphs 1 through 9 are accepted. Rulings on the proposed findings of fact submitted by the Respondent: None submitted. COPIES FURNISHED: Thomas A. Klein Chief Attorney Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1007 Para Bowers, pro se 104 East 18th Street Apopka, Florida 32703 Richard W. Scully, Director Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1007 Donald D. Conn General Counsel Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1007
Findings Of Fact At all times relevant to the Notice to Show Cause, the Respondent, Londonaire Lounge, Inc., was the holder of License No. 26-664, a Series 4-COP license held with the State of Florida, Division of Beverage. On January 22, 1975, the Respondent, Londonaire Lounge, Inc., licensed under the Beverage Laws as a corporation, had listed Robert Larson as its vice president/secretary in its statement on file with the State of Florida, Division of Beverage. In fact, Robert Larson had served in that capacity from November 27, 1973 to January 28, 1974 and subsequent to that time, Nicholas Balistreri was, in fact, the corporate secretary and had been serving in that capacity for more than ten (10) days subsequent to Robert Larson's removal as vice president/secretary. On January 23, 1976, the Respondent, Londonaire Lounge, Inc., licensed under the Beverage Laws as a corporation, had listed Robert Larson as its vice president/secretary in its statement on file with the State of Florida, Division of Beverage. In fact, Robert Larson had served in that capacity from November 27, 1973 to January 28, 1974 and subsequent to that time, Nicholas Balistreri was, in fact, the corporate secretary and had been serving in that capacity for more than ten (10) days subsequent to Robert Larson's removal as vice president/secretary. On or about the evening of January 6, 1976, Nicholas Balistreri, a corporate officer and employee of the Respondent went to the licensed premises at 1553 South Lane Avenue, Jacksonville, Florida about the time of closing. He was in the company of a man names Paul Spencer and both of these individuals were riding in Balistreri's automobile. Spencer and Balistreri entered the licensed premises and Spencer went into the office of the licensed premises and was joined by Balistreri and another individual who was an agent of the United States Drug Enforcement Administration. Spencer had in his possession approximately 35 grams of cocaine, a Schedule II controlled substance listed under Title 21, United States Code, Section 812(c). Spencer removed the cocaine and Balistreri, the agent, and Spencer ingested a quantity of the cocaine. The agent was acquainted with Spencer from some other occasion. After the individuals had ingested the cocaine, Balistreri told the agent and Spencer that no sale of that substance could be made in the licensed premises. Balistreri and Spencer then left with the agent of the Drug Enforcement Administration and returned to Balistreri's apartment in Balistreri's car, at which time Balistreri and Spencer were arrested. Balistreri was subsequently charged and convicted of having in his possession with the intent to distribute the substance, the aforementioned cocaine, a Schedule II controlled substance, listed under Title 21, United States Code, Section 812(c), in violation of Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2. He was sentenced to three years confinement for that offense. Subsequent to the arrest of Balistreri, charges were placed against the Respondent, i.e., a Notice to Show Cause was filed against the Respondent corporation. Balistreri remained as an employee of the corporation until after the informal conference with the Division of Beverage and the date of Balistreri's dismissal from the corporation occurred in May, 1976. The above facts were as stipulated to by the parties.
Recommendation Based upon the findings of facts and conclusions of law, and in consideration of the aggravating and mitigating factors, and the agreement of the counsel of the Petitioner that the Petitioner does not seek revocation or suspension, it is recommended that the Respondent, Londonaire Lounge, Inc., be fined in the amount of $750.00, against its License No. 26-664, Series 4-COP. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Charles Tunicliff, Esquire Division of Beverage Department of Business Regulation The Johns Building 725 Bronough Street Tallahassee, Florida 32304 H. R. Fallin, Esquire 1239 King Street Jacksonville, Florida 32204
Findings Of Fact Willie Norman, Jr. d/b/a Paradise Cafe holds 2-COP beverage license and was so licensed at all times here relevant. In August, 1977 Willie Norman was in the hospital where he had a gall bladder operation. During this time on August 7 and 14, Gainesville police officers observed the Paradise Cafe open after hours on consecutive Sunday nights. Gainesville City Ordinance No. 2082 (Exhibit 9) prohibits the sale of alcoholic beverages on Sundays after 11 p.m. in the city of Gainesville. On 7 August 1977 the police found the establishment open at approximately 3 a.m. with 30 to 40 patrons in the premises and Ike Norman apparently in charge. The following Sunday night on August 14 the police raided the premises at 11:30 p.m. on Sunday night and found 40 to 50 patrons in the establishment with Ike behind the bar and Manuel Norman serving beer. When Manuel Norman was arrested, Ike stated that he (Ike) was running the business because the licensee was sick and that if anyone was to be arrested it should be him. After receiving the police reports, the premises were inspected by beverage agents on 30 August 1977 and Ike Norman told the agent that he was running the business for his son, the licensee, who was home sick. On 7 October 1978 two beverage agents entered the Paradise Cafe on a routine inspection, and, while looking in the men's room, one of the agents observed a brown paper bag, the contents of which he found suspicious. A subsequent analysis of the contents disclosed that the bag contained 14 grams of cannabis. No evidence was presented that licensee or any employee of licensee knew or should have known that the cannabis was on the premises. Willie Norman, Jr., Ike Norman and Manuel Lee Norman are brothers. Ike was the licensee of the cafe several years ago when it was named the Red Top Cafe. In 1973, Ike was convicted of possession of alcoholic beverages for sale without a license. He sold the business to his brother, Willie, who took over the lease and first became licensed in 1975-76. According to Willie's testimony, while he was in the hospital during the month of August, 1977, he left Manuel Norman in charge. He was aware that Ike could not legally be employed at the business because of Ike's criminal record. Willie expressed no knowledge of any of the other charges preferred against his license.
Findings Of Fact Respondent, M.S.B. Lounges, Inc., d/b/a Bird's Nest Lounge, is a liquor licensee and holder of License 23-2365 (4-COP) issued by Petitioner, Division of Alcoholic Beverages and Tobacco. It is located at 19017 Southwest 40th Street, Miami, Florida. At approximately 11:00 p.m., on or about January 13, 1981, Beverage Officers Patrick M. Roberts and Robert R. Jones entered the licensed premises of Respondent in an undercover capacity. Their purpose was to ascertain whether controlled substances could be obtained from employees of the licensee. The visit was prompted by complaints received by the Petitioner's Miami District Office that narcotics were being sold and used on the licensed premises. There were approximately 15 to 20 patrons present in the lounge that evening during the visit of Roberts and Jones. The patrons were seated either at the bar or tables around the dance floor, where from 3 to 5 girls performed dances for the customers. A white female, Betty Lou Stamm, was the on-duty bartender. Upon being seated, and after ordering drinks, Roberts initiated a conversation with Stamm and asked her if it was possible to obtain a "lude" (methaqualone). She advised him that the person whom she generally obtained ludes from had just left the premises, but that he might return later on that evening. The officers also engaged in a conversation with a white female dancer identified as B.J. They attempted to purchase quaaludes from her, but were unsuccessful. At approximately 11:58 p.m. that evening, while preparing to depart the premises, Stamm reached across the bar with a closed hand and dropped two tablets into Roberts' hand. At that time, the manager of the lounge, Paul Moore, was behind the bar assisting Stamm in serving customers and a number of patrons were seated close by. The tablets given to Roberts were later established to be a controlled substance, methaqualone (Petitioner's Exhibit 1) At approximately 12:30 a.m., on or about January 17, 1981, Beverage Officers Roberts and Jones again visited the licensed premises of the Bird's Nest Lounge. Upon entering the premises, they seated themselves at the bar and remained there for about an hour and a half. During this time they asked Betty Lou Stamm, the on-duty bartender, if she could obtain some quaaludes. She stated that because her "source" was not on the premises, she could not. B. J., a dancer who was working that night, approached them at 2:00 a.m. and asked if they had any marijuana. Roberts responded he did not and asked if she had any. B. J. told them if "they would just sit tight she would take care of (them)." The officers then observed B. J. approach 5 or 6 other patrons seated at the bar and begin casual conversations with then. One of these patrons, a white male, produced a plastic bag which appeared to contain marijuana and placed a handful of the substance onto a napkin which B. J. was holding. B. J. then went into the ladies restroom for approximately 5 minutes, returned to the bar, handed Roberts a napkin, and stated "here is enough for a couple of joints." Roberts opened the napkin on the bar and observed what appeared to be marijuana. A subsequent laboratory analysis established that the substance was indeed .9 gram of marijuana (Petitioner's Exhibit 2). When the delivery occurred, Stamm and Moore were working the bar, and a number of patrons were seated close by. At approximately 10:00 p.m. on or about January 21, 1981, Officers Roberts and Jones entered the licensed premises of the Respondent and seated themselves at the bar. After ordering a drink, they observed Betty Lou Stamm playing a game machine in the corner of the bar. Betty was not on duty that evening, having completed her shift at 8:00 p.m. Roberts approached her, and during the course of the conversation asked if she had cocaine or marijuana. She replied she did not. He then asked if she had any "ludes" (methaqualone) . Betty told him to wait, and Roberts returned to the bar. There he observed Betty approach and engage in a conversation with an unidentified white female who had been dancing earlier in the evening. Betty returned to Roberts and stated she had two ludes for $6. After Roberts paid her $6, Betty carried the money to the white female who handed Betty an unknown substance. Betty then motioned Roberts to come to a phone booth located at the rear of the bar. There she handed Roberts two tablets which were subsequently established by laboratory analysis to be methaqualone (Petitioner's Exhibit 3) Mr. William J. Miller is the owner of the Bird's Nest Lounge. He does not actively work in the lounge but does assist in cleaning up the premises each morning. His wife works the day shift on occasion when he runs short of help. Miller occasionally visits the premises in the evenings, but was not present when the transactions occurred, nor was he personally cognizant of the illegal drug transactions occurring on the licensed premises. Although he has outside interests, Miller considers the lounge to be his "primary business". He employs a full-time manager, Paul Moore, who comes on duty each evening at 8:00 p.m. A "House Policy for Dancers at Bird's Nest Lounge" has been posted on the dancers' dressing room door since 1976. This "Policy" enumerates prohibited practices by dancers and provides, inter alia, that "no excessive drinking or taking of drugs will be permitted while at work. (This violation will cause for (sic) immediate dismissal)." (Respondent's Exhibit 2). Brenda Johnson (known as B.J.) was advised of this regulation when she was hired and signed a written agreement whereby she agreed to read and conform to the House Policy (Respondent's Exhibit 1). Other dancers are also required to do the same. In addition, the regular employees, including the manager, are orally advised about the rules relating to narcotics. If an employee or dancer is caught "participating in drugs", Miller's policy is to impose a monetary fine on the first occasion and to dismiss the employee or dancer for any subsequent transgression. It is also the policy of the lounge to request any patron found using narcotics to leave the premises. Betty Lou Stamm worked at the Bird's Nest Lounge as a bartender for about 3 months. She was fired shortly after the events in question occurred. B. J., a dancer, was also fired immediately after her participation in the transactions was discovered. The Respondent has operated his lounge since 1975 or 1976. Other than a soliciting violation in 1976, there have been no other beverage violations by the licensee. At no time while on the licensed premises did the beverage agents see anyone, patron or employee, using any suspected narcotic nor did they ever smell the aroma of marijuana in the air.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of violations as alleged in Counts 1, 2, 3 and 5 of the Notice to Show Cause. It is further RECOMMENDED that the charge contained in Count 4 be dismissed. It is further RECOMMENDED that Respondent's License No. 23-2365 (4-COP) be suspended for a period of 30 days from the date of the final agency order. DONE and ENTERED this 12th day of June, 1981, in Tallahassee, Florida. DONALD R. ALEXANDER 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 12th day of June, 1981. COPIES FURNISHED: Daniel C. Brown, Esquire 725 South Bronough Street Tallahassee, Florida 32301 Seymour Chadroff, Esquire and Lane S. Abraham, Esquire 200 Southeast 1st Street Suite 800 Miami, Florida 33131 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Petitioner, vs. CASE NO. 81-1004 LOUNGE, INC., d/b/a BIRD'S NEST LOUNGE, Respondent. _/
The Issue The issue is whether the facts alleged in the Notice to Show Cause in this case are true and whether those facts, to the extent that they are true, warrant revocation, suspension or other discipline of the license of Respondent. The Notice to Show Cause explicitly alleges several drug-related and one disorderly conduct violations on the licensed premises and implicitly alleges the Respondent's culpable responsibility for the violations under Section 561.29(1)(a), Florida Statues. The Notice To Show Cause also alleges that Respondent maintained the licensed premises as a place where controlled substances were illegally kept, sold, or used in violation of Sections 823.01 and 561.29(1)(e), Florida Statutes and Sections 893.13(2)(c) and 561.29(1)(a), Florida Statutes.
Findings Of Fact Based on my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, I hereby make the following findings of fact: At all times relevant hereto, the Respondent, Rene Tamer, held alcoholic beverage license number 23-07334, series 2-COP, for the licensed premises known as El Emperador, located at 36-38 Ocean Drive, Miami Beach, Florida. On January 27, 1986, Beverage Investigator Carlos Baixauli went to the licensed premises of El Emperador. While there, he saw a black latin female walk over to a dog that was lying on the floor. Baixauli heard the woman ask the dog in spanish if he (the dog) wanted to have sex. The woman then fondled the dog's penis for approximately 20 minutes. Night manager Luis Tamer was present when this incident occurred. On February 5, 1986, Investigator Baixauli, while inside of the licensed premises of El Emperador, arranged to purchase one gram of cocaine from a white latin male, known as El Indio (the Indian). El Indio told Baixauli that he needed the $60.00 "up front." When Baixauli expressed concern as to whether El Indio would return with the cocaine or his money, El Indio stated that he worked at El Emperador, was always around and could be trusted. Baixauli gave El Indio $60.00. El Indio left the premises, returned and handed Baixauli a small plastic package of cocaine wrapped in a white napkin. Baixauli opened the napkin and conspicuously inspected the package of cocaine by holding it up to approximately eye-level and tapping it with his fingers. Luis Tamer was present and behind the bar at the time. On February 10, 1986, Investigator Baixauli visited the licensed premises of El Emperador. While Baixauli was at the bar talking to on-duty manager Luis Tamer, El Indio went over and asked Baixauli if he wanted to buy some "yeyo," a Spanish term for cocaine. Baixauli agreed to purchase one gram of cocaine and gave El Indio $60.00. El Indio subsequently returned and again interrupted a conversation between Baixauli and Luis Tamer. El Indio handed Baixauli a matchbook, from which Baixauli removed a plastic package containing cocaine. Baixauli held up the package and showed to his partner Garcia. El Indio told Baixauli that he could be found at El Emperador between 2:00 and 4:00 A.M. performing clean-up duties and at 11:00 A.M. stocking the beer coolers or running errands for Rene Tamer. On February 12, 1986, Investigator Baixauli visited the licensed premises of El Emperador. While there, Rene Tamer asked Baixauli: "Are you still working for the Division of Alcoholic Beverages?", to which Baixauli feigned ignorance and replied that he did not know what Rene Tamer was talking about. Rene Tamer, Luis Tamer and other employees then briefly retired to the kitchen where Baixauli observed them "looking out" at him as if to get a better view. El Indio arrived at El Emperador at approximately 2:00 P.M. and began stacking beers and cleaning the premises. El Indio asked Baixauli if he wanted any cocaine and Baixauli handed him $60.00 in front of Luis Tamer. El Indio later returned and handed Baixauli a matchbook. Baixauli removed a plastic package containing cocaine from the matchbook, held it up while inspecting it and showed it to his partner, Garcia. Luis Tamer was at the front counter during the transaction. On February 13, 1986, Investigator Baixauli visited the licensed premises of El Emperador. El Indio asked Baixauli if he could bring him anything. Baixauli gave El Indio $60.00 for one gram of cocaine. At approximately 4:00 P.M. El Indio returned and handed Baixauli a plastic package containing cocaine, which Baixauli held up and tapped with his finger. Luis Tamer, the manager, was standing behind the bar and observed Baixauli's inspection of the cocaine. Luis Tamer smiled and said nothing. On February 17, 1986, Investigator Baixauli visited the licensed premises of Emperador. Baixauli went to the bar and struck up a conversation with Luis Tamer. El Indio went over and asked Baixauli if he needed anything, to which Baixauli replied "yes" and gave El Indio $60.00. El Indio returned with some cocaine while Baixauli was still speaking with Luis Tamer. Baixauli removed the plastic package of cocaine from the matchbook and held it up to inspect it. Once again, Luis Tamer just smiled. On February 24, 1986, Investigator Baixauli returned to El Emperador. Baixauli went over to off-duty employee Camaquay and struck up a conversation. El Indio approached them and asked Baixauli if he wanted any cocaine. Baixauli responded that he did and gave El Indio $60.00, at which time Camaquay started laughing and said that he had been told that Baixauli was a "Narc" and must be setting up El Indio. El Indio later returned to where Baixauli was seated at the bar talking to Camaquay and manager, Luis Tamer, and handed Baixauli a matchbook. Baixauli removed a plastic package of cocaine from the matchbook and held it up for inspection, tapping it with his finger. Neither Camaquay nor Luis Tamer said anything to Baixauli. Later on in the evening of February 24, 1986, Baixauli asked Camaquay if El Indio was coming back to El Emperador. Camaquay told Baixauli not to worry, because he, Camaquay, could get cocaine from the same source as El Indio. Baixauli, after obtaining change from Luis Tamer, gave Camaquay $30.00 for a half-gram of cocaine. Camaquay later returned and tossed a plastic package of cocaine onto the bar in front of Baixauli. Baixauli held up the bag at eye level and tapped it with his fingers in view of manager Luis Tamer and other patrons. On February 26, 1986, Investigator Baixauli went to El Emperador and asked Luis Tamer if Camaquay was in. Camaquay went over to Baixauli, showed him a plastic bag containing marijuana and asked if he wanted to smoke. Baixauli said no. Camaquay then went into the restroom from which Baixauli then smelled a strong odor of marijuana. Manager Luis Tamer asked Baixauli where Camaquay was and Baixauli told him that Camaquay was in the bathroom smoking marijuana. Later at El Emperador on February 26, 1986, El Indio approached Baixauli and asked if he needed anything. Baixauli gave El Indio $60.00 for some cocaine. El Indio later returned and gave Baixauli a matchbook. Baixauli removed a plastic package of cocaine from the matchbook, held it up and tapped it with his fingers. Luis Tamer was standing behind the bar looking at Baixauli and Camaquay was standing by the pool table looking at Baixauli. After Baixauli received his cocaine from El Indio on February 26, 1986, Camaquay approached several patrons playing pool and asked if they wanted to buy drugs. Camaquay showed them a plastic package of marijuana which he took from his pocket, in full view of Baixauli, and Luis Tamer the manager, who were all looking in his direction. After Camaquay's attempt to sell marijuana to the pool playing patrons, he approached Baixauli and asked if he could bring him anything. When Baixauli agreed, Camaquay left the premises and shortly returned, tossing a plastic package of cocaine onto the bar in front of Baixauli and Luis Tamer, who was standing behind the bar in front of Baixauli. Baixauli held up the plastic bag and tapped it with his fingers. On March 4, 1986, Investigator Baixauli returned to El Emperador. Luis Tamer yelled to El Indio that his "friends" were there. El Indio approached Baixauli and Baixauli gave him $60.00. While El Indio was out obtaining Baixauli's order, on-duty employee Camaquay went over to Baixauli and asked if he wanted to buy some cocaine. Baixauli said "yes" and handed Camaquay $30.00 over the bar. El Indio returned shortly with a plastic package containing cocaine. Baixauli held up the package and showed it to his partner, Garcia. Camaquay later returned and handed Baixauli a plastic package of cocaine. Baixauli raised the bag and tapped it with his fingers. On March 11, 1986, Investigator Baixauli visited El Emperador. Luis Tamer was present and tending the bar. El Indio approached Baixauli and asked him if he needed any cocaine. Baixauli said "yes" and gave El Indio $30.00 for a half gram of cocaine. El Indio later returned and handed Baixauli a matchbook containing a plastic package of cocaine. Baixauli performed his usual post-sale inspection of the cocaine by holding the package up to approximately eye-level and tapping it with his fingers.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is, therefore, RECOMMENDED that a Final Order be issued revoking the alcoholic beverage license number 23-07334, series 2-COP, held by Respondent, Rene Tamer. DONE and ORDERED this 22nd day of August, 1986 in Tallahassee, Leon County, Florida. W. MATTHEW STEVENSON 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 22nd day of August, 1986. COPIES FURNISHED: Louisa E. Hargrett, Esquire Department of Professional Regulation The Johns Building 725 South Bronough Street Tallahassee, Florida 32301-1927 Mr. Rene Tamer El Emperador 36-38 Ocean Drive Miami Beach, Florida 33149 Howard M. Rasmussen, Director Department of Business Regulation The Johns Building 725 S. Bronough Street Tallahassee, Florida 32301 James Kearney Secretary The Johns Building 725 S. Bronough Street Tallahassee, Florida 32301 Thomas A. Bell, Esquire General Counsel 725 S. Bronough Street Tallahassee, Florida 32301
Findings Of Fact Respondent holds alcoholic beverage license no. 39-651, Series 4-COP, which applies to its business known as Library Lounge, located at 10924 Nebraska Avenue, Tampa, Florida. Respondent was so licensed at all times relevant to this proceeding. Tampa Police Department Detective Robert Ulriksen was in the licensed premises in an undercover capacity during November and December, 1980. On November 30, he purchased three grams of cocaine from the dancer-employee Lila Colvert. The purchase was made openly and involved at least one other person who gave Colvert the packet which was later identified as cocaine. Ulriksen paid Colvert $25 for the packet. Tests performed by the Florida Department of Law Enforcement Crime Laboratory (FDLE) estab1ished that the substance purchased by Ulriksen was, in fact, cocaine. Ulriksen purchased three purported Quaalude tablets from the dancer- employee Barbara Ann Smith for ten dollars during a visit to the licensed premises on December 2, 1980. Tests performed by FDLE established that the tablets were Quaaludes (methaqualone) Ulriksen again visited the licensed premises on December 5, 1980. On this occasion he purchased three tablets from the dancer-employee Lila Colvert, which she represented as Quaaludes. FDLE tests established that these tablets were Quaaludes. On December 7, 1980, Ulriksen was again in the licensed premises. On that occasion he purchased four tablets, that were later determined to be quaaludes by FDLE. He purchased these tablets for $12 from the dancer-employee Barbara Ann Smith. Ulriksen visited the licensed premises on December 9, 1980, and purchased four tablets which were later determined by FDLE to be Quaaludes. Ulriksen purchased these tablets from the dancer-employee Brenda Sue Parr for $15. On December 12, 1980, Ulriksen was in the licensed premises and discussed a purchase of quaaludes with the dancer-employee Tammy Yates. She took Ulriksen to the dancers' dressing room where she removed five Quaaludes from her purse. Ulriksen paid her $15 for these tablets, which were determined to be Quaaludes by FDLE. The dressing room transaction was observed by the manager, Gaskins, who told Ulriksen to leave. The testimony of FDLE personnel and Tampa Police Department employees who secured the substances purchased by Ulriksen established that this evidence was properly controlled throughout the investigation. There was no indication whatsoever of tampering or other improper handling of the substances. In mitigation of these charges, Respondent established that it has cooperated with the Tampa Police Department in the investigation of its employees and third persons who were involved in the drug trafficking. Subsequent to the arrest of these employees, Respondent adopted preemployment screening procedures and currently has no female entertainers employed in the licensed premises.
Recommendation From the foregoing, it is RECOMMENDED: That Petitioner enter a Final Order finding Respondent guilty of all charges contained in the Notice to Show Cause/Administrative Complaint and suspend Respondent's alcoholic beverage license no. 39-651 for a period of thirty days. DONE and ENTERED this 19th day of July, 1982 at Tallahassee, Florida. R. T. CARPENTER, 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 19th day of July, 1982.
The Issue The issue in this case is whether the Petitioner's application for an alcoholic beverage license should be granted or whether the application should be denied for the reasons set forth in the Division's letter to Petitioner dated July 25, 1984. The subject letter included the following: The above-captioned license application has been disapproved on this date for the following reason(s): Applicant not believed to be of good moral character. Also, applicant has been convicted in the last past fifteen (15) years of a felony, the subject matter of which relates to the specific license being sought. Applicant has falsely sworn to a material statement. At the hearing the Respondent offered nine exhibits into evidence. Eight of the exhibits were received in evidence without objection. The ninth exhibit was rejected. The Respondent did not call any witnesses of its own, but did cross examine the witnesses called by the Petitioner. The Petitioner did not offer any exhibits, but did present the testimony of the following witnesses: Robin Lewis, William Bryson, Alvin Robbins, Robert Pepper, Frank Rubio, and Donald Lewis. Subsequent to the hearing the parties both filed late posthearing submissions to the Hearing Officer. 1/ The Petitioner filed a Memorandum of Law, a Suggested Order, and Proposed Findings of Fact. The Respondent filed a Proposed Recommended Order. Their tardiness notwithstanding, the Hearing Officer has given careful consideration to the post-hearing submissions of the parties in the formulation of this Recommended Order. 2/ To the extent that findings of fact proposed by the parties have not been included in the findings of fact which follow, the proposed findings not included have been rejected for one or more of the following reasons: they are irrelevant or immaterial to the disposition of the case, they are cumulative or repetitious, they are not supported by competent substantial evidence, and/or they are contrary to the greater weight of the evidence.
Findings Of Fact Based on the exhibits admitted into evidence and on the testimony of the witnesses who were called at the hearing, I make the following findings of fact: The application which is the subject of this case was filed by OWL Enterprises, Inc., a corporation. Donald W. Lewis is the President, Secretary, and Treasurer of DWL Enterprises, Inc., and owns 1OO of the stock of the corporation. Thus, it is the moral character, criminal record, and conduct of Donald W. Lewis which is at issue in this case. Beginning with his high school years, on through his college years, and at least up until the time of his imprisonment in August of 1979, Donald W. Lewis was a person of poor moral character. During that period of time he drank a lot of alcoholic beverages and also became involved with various illegal drugs. The following is a summary of his criminal record prior to his 1979 imprisonment: April 1968. Arrested for petty larceny, plead guilty, fined $100.00. June 5, 1969. Arrested for petty larceny. June 28, 1974. Arrested for DWI. June 28, 1974. Arrested for pos- session of 20.5 grams of marijuana, prosecution deferred. December 5, 1975. Arrested for aggravated assault and battery, charges dropped. June 18, 1976. Information issued charging conspiracy to deliver or possess cocaine. June 18, 1976. Information issued charging delivery of cocaine. January 28, 1977. Convicted for conspiracy to deliver or possess cocaine. January 28, 1977. Convicted for delivery of cocaine. July 30, 1977. Arrested for DWI. October 28, 1977. Arrested for delivery of cocaine. October 28, 4977. Arrested for possession of cocaine. October 28, 1977. Arrested for felony possession of marijuana. October 28, 1977. Arrested for possession of qualudes. July 30, 1979. Convicted of conspiracy to deliver or possess with intent to deliver cocaine. Sentenced to two years imprisonment July 30, 1979. Probation revoked and sentenced to two years for prior conviction. August 31, 1979, to September 2, 1981. Served prison term. Since his release from prison Donald W. Lewis has not been arrested for or convicted of any offense other than one traffic citation for speeding. When Donald W. Lewis filed the subject application in May of 1984, he was required, among other things, to answer the following questions printed on the application form: Have you ever been: Arrested or charged for a violation of a felony law or misdemeanor law of this State, or any other state or of the United States? * * * 6. Have any arrests or charges that may have been made, ever resulted in a conviction against you? * * * If the answer to any of these questions is YES, list aliases and give full disclosure of charges, dates, arresting agencies & places of arrest. (attach extra sheets if necessary). In response to the questions quoted immediately above Donald W. Lewis provided some information about his arrests and convictions and `attached some documents which provided further information about his arrests and convictions, but he did not make a full disclosure. In particular, he did not disclose the following: June 28, 1974. Arrested for DWI. December 5, 1974. Arrested for aggra- vated assault and battery. July 3O, 1977. Arrested for DWI. October 28, 1977. Arrested for felony possession of marijuana. October 28, 1977. Arrested for possession of qualudes. On his 1984 application, Donald W. Lewis also failed to disclose two arrests which he had disclosed on an earlier application filed in 1975. The two arrests disclosed in 1975, but not in 1984 are: April 1968. Arrested for petty larceny, plead guilty, fined $100.00. June 28, 1974. Arrested for possession of 20.5 grams of marijuana, prosecution deferred. Donald W. Lewis has offered several excuses for his failure to make a full disclosure of his arrest and conviction history when he prepared his 1984 application, but none of the excuses are persuasive. Donald W. Lewis falsely swore to material statements in his 1984 application because his answers to questions concerning his arrest and conviction history were woefully incomplete. When Donald W. Lewis was released from prison in September of 1981 he went to live with his father. He had no regular employment from September of 1981 until November of 1983, although during that period he helped his father build an addition on his father's house. About six months ago Donald W. Lewis married into a socially prominent family and he and his wife have been living at her parent's home. Since November of 1983, Donald W. Lewis and his wife have worked hard to start their new business for which they are seeking an alcoholic beverage license. Donald W. Lewis has impressed his business landlords as being a hard worker and a dependable person. His business landlords and several of his old friends believe that Donald W. Lewis has turned over a new leaf and is now a dependable person of good moral character . 4/
Recommendation For the reasons explained above, the Petitioner's application is subject to denial for each of the reasons set forth in the Respondent's letter of July 25, 1984. Accordingly, I recommend that a Final Order be entered which would deny the Petitioner's application. DONE and ORDERED this 5th day of December, 1984, at Tallahassee, Florida. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9673 Filed with the Clerk of the Division of Administrative Hearings this 5th day of December, 1984.
Recommendation Adequate grounds having been demonstrated by the Petitioner, it is therefore recommended the Respondent's license be revoked. DONE and ORDERED this 10th day of May, 1976, in Tallahassee, Florida. KENNETH G. OERTEL, Director Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: William A. Hatch, Esquire Staff Attorney Department of Business Regulation The Johns Building Tallahassee, Florida 32304 Emmett Abdoney, Esquire First Financial Tower Suite 2115 Tampa, Florida 33602 Charles Nuzum, Director Division of Beverage Department of Business Regulation The Johns Building Tallahassee, Florida 32304
