G & B OF JACKSONVILLE, INC., D/B/A OUT OF SIGHT, PETITIONER,
v.
STATE OF FLORIDA, DEPARTMENT OF BUSINESS REGULATION, DIVISION OF BEVERAGE, RESPONDENT

Fla. 1st DCA | 1979-02-16
No. GG-306
MILLS, Acting C. J., and MASON, ERNEST E., Associate Judge, concur.
371 So. 2d 138 Florida District Court of Appeal, First District (1979) Positive Treatment
Cited by 2 cases

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Synopsis

A beverage license holder appealed a 60-day license suspension imposed for employees engaging in topless dancing and lewd conduct with customers. The appellate court affirmed the suspension, holding that licensees have a duty to exercise reasonable care to prevent employees from violating state law.


Holding

The court affirmed the suspension, holding that while a licensee is not an absolute insurer against employee misconduct, it has a duty to exercise reasonable care and diligence to ensure its licensed premises are conducted lawfully and employees do not violate state law. The evidence of multiple employees engaging in prohibited conduct was sufficient to support the suspension order.


Headnotes

[1] A licensee has a duty to exercise reasonable care and diligence to ensure that its licensed premises are conducted lawfully and that its employees do not violate state la…

[2] A licensee may be held responsible for the unlawful conduct of its employees if the licensee fails to exercise reasonable diligence in managing the licensed premises.

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Key Quotes

“While the licensee is not an insurer that an agent or servant will not in any particular violate any law of the State of Florida, such licensee nevertheless has a duty to exercise reasonable care and diligence to see that the licensed place of business is conducted in a lawful manner and that its employees do not violate any of the laws of the State of Florida.”

Establishes the licensee's duty of reasonable care in supervising employees and managing the licensed premises

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Facts & Procedural History

On June 17, 1976, three female employees of Out of Sight, a bar in Duval County, engaged in topless dancing with sexually suggestive movements and all…

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Opinion of the Court
MELVIN, Judge.

MELVIN, Judge.

Petitioner seeks review and reversal of the order of the Director of the Division of Beverage suspending for a period of 60 days its license to sell alcoholic beverages at its place of business designated as “Out of Sight”, in Duval County.

The petition for revocation was based upon allegations that, on said licensed premises, on June 17, 1976, three female servant/employees of petitioner engaged in open, gross, lewd and lascivious behavior with male customers by dancing in front of male customers while the employee/servants were topless, engaging in a sexually suggestive type gyration and permitting the male customers to fondle them.

While the licensee is not an insurer that an agent or servant will not in any particular violate any law of the State of Florida, such licensee nevertheless has a duty to exercise reasonable care and diligence to see that the licensed place of business is conducted in a lawful manner and that its employees do not violate any of the laws of the State of Florida. We have here a record that presents several acts as charged on the part of three separate employee/servants of the licensee. We are not here presented with a single isolated occurrence. The evidence herein is sufficient to support the order entered. See Pauline v. Lee, 147 So. 2d 359 (Fla. 2d DCA 1962). If a licensee does not maintain sufficient intelligence with reference to activities at his or its licensed premises so as to know that two or more of its employees are engaged in such activity as was herein established, then such licensee must be held to have been lacking in reasonable diligence in the proper management of its licensed premises.

The order of suspension appealed from is AFFIRMED.

MILLS, Acting C. J., and MASON, ERNEST E., Associate Judge, concur.


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Citator

Cited By

  • G & B OF Jacksonville, Inc. v. State, 382 So. 2d 1227 (Fla. 1st DCA 1979)
    …SMITH,, Judge, dissenting. I would affirm. G & B of Jacksonville, Inc. v. State of Florida, Department of Business Regulation, Division of Beverage, 371 So. 2d 138 (Fla. 1st DCA 1979).…

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