G & B OF JACKSONVILLE, INC., D/B/A OUT OF SIGHT, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF BUSINESS REGULATION, DIVISION OF BEVERAGE, APPELLEE
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The court held that a licensee is responsible for violations of law by its employees on the licensed premises, even if the licensee claims ignorance or was not present.
Six employees of G & B engaged in open and gross lewd acts with patrons on the licensed premises on two separate days. The Division of Beverage suspen…
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MILLS, Acting Chief Judge.
G & B seeks review of an order of the Division of Beverage finding that six of G & B’s agents, servants or employees violated Section 798.02, Florida Statutes (1977), thereby violating Section 561.29, Florida Statutes (1977), and suspending G & B’s liquor license for thirty days. We affirm.
Section 798.02 provides that a person who engages in open and gross lewdness and lascivious behavior shall be guilty of a misdemeanor of the second degree.
Section 561.29 gives the Division authority to suspend a beverage license when the Division finds upon sufficient cause that a licensee or its agents, officers, servants or employees, on the licensed premises, while in the scope of employment, has violated any law of this State.
We do not deem it necessary to recite the charges and findings of the Division. Suffice it to say that the charges were sufficient under Section 798.02 and the findings were supported by competent substantial evidence.
In this particular case, six agents, servants or employees engaged in similar but separate open and gross lewd acts with different patrons on the licensed premises on two different days. The persistent and practiced manner in which the violations were executed lead to the conclusion that G & B either condoned or negligently overlooked the illegal activities. A licensee may not remove itself from responsibility by not being present on the premises or by claiming ignorance of the repeated violations. Pauline v. Lee, 147 So. 2d 359 (Fla. 2d DCA 1962).
The other issues presented by G & B have been considered but are without merit.
The order appealed is affirmed.
SMITH, J., and MITCHELL, HENRY CLAY, Associate Judge, concur.
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Lash, Inc. v. State, 411 So. 2d 276 (Fla. 3d DCA 1982)…Inc. v. State of Florida, Division of Alcoholic Beverages & Tobacco, 403 So. 2d 1372 (Fla. 5th DCA 1981) (lewd and lascivious dancing by female employees on several occasions); G & B of Jacksonville v. State of Florida, Dept. of Business Regulation, 371 So. 2d 139 (Fla. 1st DCA 1979) (employees engaged in open and lewd acts with several patrons on two different days); Pauline v. Lee, supra, (female employees of licensee offered to commit prostitution with agents at various times over a three-day period). In t…
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Golden Dolphin NO. 2, Inc. v. State, 403 So. 2d 1372 (Fla. 5th DCA 1981)…e was performing in that manner and that the show was obscene. Where the evidence shows a persistent or recurring activity, the fact-finder may infer that the licensee had knowledge. G.R.B. of Jacksonville, Inc. d/b/a Out of [*1374] Sight v. State, 371 So. 2d 139 (Fla.1st DCA 1979), appeal dismissed, 379 So. 2d 205 (Fla.1979); Pauline v. Lee, 147 So. 2d 359 (Fla.2d DCA 1962). In the case at hand, one of the customers of the Golden Dolphin testified that he had witnessed this type of activity occurring on sev…
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PIC N' Save Cent. Fla., Inc. v. Dep't of Bus. Reg., 601 So. 2d 245 (Fla. 1st DCA 1992)…ort time period, the factual inference that the violations were either fostered, condoned, or negligently overlooked by the licensee has often led to the affirmance of license revocation or suspension. See G & B of Jacksonville, Inc. v. State, Etc., 371 So. 2d 139 (Fla. 1st DCA 1979) (Where six agents, servants, or employees committed violations on two different days, the persistent and practiced manner in which the violations were executed supported the conclusion that the licensee either condoned or neglige…
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- Pauline v. LEE, 147 So. 2d 359 (Fla. 2d DCA 1962)