Deputy Agency Clerk CLERK Brandon Nichols | Dete ——- 7/1/2009 | File# - 2009-05429 t } Department of Business and Professional Regulation Division of Alcoholic Beverages and Tobacco Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-1020 Department of Business and Professional Regulation i Division of Alcoholic Beverages and Tobacco i PETITIONER i 1 i CASE NOS. 2008-030862 & { 2008-049013 i DOAH CASE NOS. 085478 & 08-5479 | LICENSE NO. WSL 2607803 Liquor Group Florida LLC | | SERIES: KLD d/b/a Liquor Group Florida LLC i RESPONDENT VS. | | FINAL ORDER This matter comes before me for final Agency Order. The issues before me are: : Whether Respondent committed the acts alleged in the Admunistrative Actions dated July 7, 2608 and September 5, 2008, and if so, what disciplinary action, if any, should be taken against Respondent. PRELIMINARY STATEMENT 1. On July 7, 2008, the Division of Alcoholic Beverages and Tobacco (“Division”) issued | an administrative action against Respondent in case number 2008-030862, alleging that Respondent violated Section 561.29(1)(a), within §61.29(1)(i), within 561.55(5)(a), Florida Statutes, by failing to \ maintain and keep records for a period of three years at the licensed premises. On September 5, 2008, t the Division issued an administrative action against Respondent in case number 2008-049013, which : | 4 CASE NOS. 2008-030862 & 2008-049013 DOAH CASE NOS. 085478 & 08-5479 Page 2 of 4 alleged that Respondent violation Section 561.411(1) (a) and (b), within 561.29, Florida Statutes, for failing to meet the qualifications to be a licensed distributor. 2. Respondent timely filed a request for a formal hearing, citing disputed issues of fact in each case. 3. A formal hearing was conducted by Administrative Law Judge Robert S. Cohen on February 24, 2009. 4. Administrative Law Judge Cohen issued a Recommended Order on June 4, 2009. 5. Neither party filed exceptions to the Recommended Order. FINDINGS OF FACT 6. A thorough review of the entire record of this matter reveals that the findings of fact contained in the recommended order are based on competent, substantial evidence and that the proceedings on which the findings were based complied with the essential requirements of the law. 7. The Division hereby adopts and incorporates by reference the Findings of Fact as set forth in the Recommended Order. CONCLUSIONS OF LAW 8. A thorough review of the entire record in this matter indicates that the Conclusions of Law contained in the Recommended Order are reasonable and correct interpretations of the law based on the Findings of Fact. 9. The Division hereby adopts and incorporates by reference the Conclusions of Law as set forth in the Recommended Order. 10. This Final Order is entered after a review of the complete record. Page 2 of 4 CASE NOS. 2008-030862 & 2008-049013 DOAH CASE NOS. 085478 & 08-5479 Page 3 of 4 ORDER Having fully considered the complete record of this case and the Recommended Order of the administrative law judge, I hereby adopt the Recommended Order. Pursuant to the Recommended Order, it is hereby ORDERED that Administrative Case number 2008-049013 is DISMISSED. The alleged violation of Section 561.55(3) (a), Florida Statutes, in Administrative Case number 2008-030862 is also DISMISSED. It is hereby ORDERED that Respondent pay a civil penalty in the amount of $500.00 for violating Section 561.29(1) (j), Florida Statutes. Payment must be received on or before July 31, 2009, and must be submitted to the District Enforcement Office located at 7960 Arlington Expressway, #600, Jacksonville, Florida 32211. Respondent is further ORDERED to produce all reasonably requested records for any and all future audits, including, but not limited to, bills of lading as required by Florida Administrative Code Rule 61A-4.023, for sales made outside of Florida. DONE and ORDERED at Tallahassee, Florida, this _f_ day of July, 2009. Debi Pender, Interim Director Division of Alcoholic Beverages and Tobacco a EEE ard This Order of the Director of the Division of Alcoholic Beverages and Tobacco will become final unless judicial review is initiated within 30 days of the date of rendition. The rendition date is the date the Order is filed by the Agency Indexing Clerk. Judicial review may be commenced by filing an original Notice of Appeal with the Clerk of the Division of Alcoholic Beverages and Tobacco and a copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal, pursuant to Section 120.68, Florida Statutes and Rule 9.110, FRAP. A transcript of the informal hearing may be obtained upon written request received no later than 60 days from the rendition date of this Order. a Page 3 of 4 CASE NOS. 2008-030862 & 2008-049013 DOAH CASE NOS. 085478 & 08-5479 Page 4 of 4 Mail Certification: This Final Order was sent by Certified Mail 7006 0810 0000 2294 6999 Christopher John Eiras 830-13 ALA North , No. 155 Ponte Vedra, FL 320 ; . ; By: Gonlinl HAM Mail Date: L LOF Additional copies mailed to: District Enforcement/Licensing Office Ned Lucynski, General Counsel Department of Business and Professional Regulation Joshua Moye 1940 North Monroe Street Assistant General Counsel Tallahassee, FL 32399-0792 Department of Business and Professional Regulation 1940 North Monroe Street Robert S. Cohen Tallahassee, FL 32399-2202 Administrative Law Judge The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Page 4 of 4 State of Florida Division of Administrative Hearings Harry L. Hooper Deputy Chief Administrative Law Judge ‘Charlie Crist Governor Robert S. Cohen Director and Chief Judge David W. Langham . . , Deputy Chief Judge Claudia Lladé Judges of Compensation Claims Clerk of the Division June 4, 2009 301430 S,8OL03NI0 L8QY 10 NOISIAIG JUN ~ 8 2009 TATIOS Jerry Geier, Director Division of Alcoholic Beverages and Tobacco Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Re: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs. LIQUOR GROUP FLORIDA, LLC, d/b/a LIQUOR GROUP FLORIDA, LLC, DOAH Case Nos. 08-5478 and 08-5479 Dear Mr. Geier: Enclosed is my Recommended Order in the referenced case. Also enclosed is the two-volume Transcript, together with the Petitioner's Exhibits numbered 1 through 7 and the Respondent's Exhibits numbered 1 through 9, 18, 22, and 27. Copies of this letter will serve to notify the parties that my Recommended “Order and the hearing record have been transmitted this date. As required by Subsection 120.57(1) (m), Florida Statutes, you are requested to furnish the Division of Administrative Hearings with a copy of the Final Order, along with any exceptions to the Recommended Order, within 15 days of its rendition. Sincerely, A ROBERT S. COHEN Administrative Law Judge The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060 Administrative Law (850) 488-9675 * SUNCOM 278-9675 ¢ Fax Filing (850) 921-6847 Fax SUNCOM 291-6847 * Judges of Compensation Claims (850) 487-1911 Busines Professi Regulatio PAGE 7 VS. 1. Florida Departmental ‘or 904.727.5550 Nn - Charlie Crist, Governor Chuck Drago, Interim Secretary RE: CASE NO. 2008030862 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, LIQUOR GROUP FLORIDA LLC D/B/A LIQUOR GROUP FLORIDA LLC LIC NO, WSL2607803 SERIES KLD RESPONDENT ‘ADMINISTRATIVE ACTION COMES NOW, THE DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, HEREIN AFTER REFERRED TO AS “PETITIONER,” AND FILES THIS ADMINISTRATIVE ACTION AGAINST LIQUOR GROUP FLORIDA LLC HEREIN AFTER REFERRED TO AS “RESPONDENT,” AND ALLEGES: PETITIONER IS THE STATE AGENCY CHARGED WITH SUPERVISING BUSINESSES - LICENSED UNDER THE FLORIDA BEVERAGE, TOBACCO AND TAX, AND TOBACCO PRODUCTS PERMIT LAWS PURSUANT TO SECTIONS 559,061, 561.07, 561.15,. 561,19, 561.29, 561,501, 210.15, 210.16, 210.45, 210.50, 569.003, AND 569.006, FLORIDA STATUTES. RESPONDENT IS; AND HAS BEEN AT ALL TIMES MATERIAL HERETO, THE HOLDER OF A VALID LICENSE/PERMIT, ISSUED IN THE STATE OF FLORIDA, BY THE DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO. RESPONDENT'S LAST KNOWN MAILING ADDRESS IS AS FOLLOWS: LIQUOR GROUP FLORIDA LLC 830-13 AIAN SUITE 155 PONTE VEDRA BEACH, FL 32082 AND THE DIVISION HAS NOT BEEN NOTIFIED OF ANY OTHER DESIGNATED PERSON OR ADDRESS FOR THE SERVICE OF PROCESS AND NOTICES AUTHORIZED BY RULE 61A-2.012, FLORIDA ADMINISTRATIVE CODE. PETITIONER INTENDS TO REVOKE; SUSPEND; ANNUL; IMPOSE ADMINISTRATIVE FINES, INVESTIGATIVE COSTS, AND LATE PENALTIES; OR ANY COMBINATION OF - THESE AUTHORIZED PENALTIES. THIS INTENDED ACTION IS BASED ON THE BELOW DESCRIBED FACTS OR CONDUCT. . www.MyFlorideLicense.co 7960 ARLINGTON EXP., #600 License Efficiently. Regulate Fairly. JACKSONVILLE, FL 32211 ; Florida Departments CN . Busines — ~ Professi Fal Charlie Crist, G Regulation Chuck rage, interim Secretary PAGE 8 : RE: CASE NO. 2008030862 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. LIQUOR GROUP FLORIDA LLC DIB/A LIQUOR GROUP FLORIDA LLC LIC NO. WSL2607803 YOU, LIQUOR GROUP FLORIDA LLC, D/B/A LIQUOR GROUP FLORIDA LLC, ARE CHARGED WITH THE FOLLOWING COUNT(S): . : 1, ON OR ABOUT _02_/_18_/_08_, YOU, THE AFOREMENTIONED LICENSEE, HOLDING A ‘DISTRIBUTOR'S LICENSE UNDER THE BEVERAGE LAW, DID UNLAWFULLY FAIL TO MAINTAIN AND KEEP RECORDS FOR A PERIOD OF 3 YEARS AT THE LICENSED PREMISED PLACE OF BUSINESS SUCH RECORDS OF ALCOHOLIC BEVERAGES RECEIVED, SOLD, OR DELIVERED WITHIN OR WITHOUT THIS STATE AS MAY BE REQUIRED BY THE DIVISION. ALL MONTHLY PURCHASES OF ALCOHOLIC BEVERAGES AND FAILED TO PRODUCE SUCH RECORDS FOR INSPECTION BY, MRS. MARGARET PEREZ: WITH THE DIVISION OF AUDITING WITHIN 10 DAYS OF WRITTEN REQUEST THEREFOR, THIS ACT BEING CONTRARY TO AND IN VIOLATION OF SECTION 561.29(1)(J), WITHIN 561.29(1)(A), WITHIN 561.55(3)(A), FLORIDA STATUTES. SIGNED THIS JULY 7, 2008 CYNTHIA HILL DIRECTOR DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO (= \W ENFORCEMENT CAPTAIN EXPLANATION OF SERVICE: DATE SERVED RECEIVED BY, PERSONAL SERVICE BY, CERTIFIED MAIL #__7007 3020 0001 4510 7646 ATTACH RECEIPT IF SERVED BY MAIL. ; www, MyFloridaLicense. 904.727.5550 7960 ARLINGTON EXP,, #600 License Efficiently, Regulate Falrly. JACKSONVILLE, FL 32241 Florida Department Busines Profess ional Charlie Crist, Governor Regulation Charies W. Drago, Seoretary Of A PAGE 7 RE: CASE NUMBER 2008049013 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO _....... PETITIONER, [ VS. LIQUOR GROUP FLORIDA LLC D/B/A LIQUOR GROUP FLORIDA LLC LICENSE NUMBER WSL2607803 SERIES KLD RESPONDENT ADMINISTRATIVE COMPLAINT Comes now, the Division of Alcoholic Beverages and Tobacco, herein afterreferredtoas “petitioner,” and files this administrative complaint against LIQUOR GROUP FLORIDA LLC herein after referred to as “respondent,” and alleges: _ 1. Petitioner is the state agency charged with supervising businesses licensed under the Florida beverage, tobacco and tax, and tobacco products permit laws pursuant to sections 559.081, 561.07, 561.15, 561.19, 561.29, 561.501, 210.15, 210.16, 210.45, 210,50, 569,003, and 569.006, Florida Statutes. re 2... Respondent.is,.and.has.been.at all.times.material_hereto,.the. holder_of.a_valid a oe woes w= ==. figense/permit; issued in the State of Florida, by the Division of Alcoholic Beverages --. i and Tabacco. Respondent’s last’known mailirig address is‘as follows: LIQUOR GROUP FLORIDA LLC D/B/A LIQUOR GROUP FLORIDA LLC 830-13 ALAN . i SUITE 155 PONTE VEDRA BEACH, FL 32082 And the division has not been notified of any other designated person or address for the service of process and notices authorized by Rule 61A-2.012, Florida Administrative Code. i 3. Petitioner intends to revoke; suspend; annul; impose administrative fines, investigative costs, and late penalties; or any combination of these authorized penalties. This intended action is based on the below described facts or conduct. 904.727.5550 7960 Arlington Exp., #600 www, MyFlori idaLicense.com Jacksonville FL 32241 License Efficiently. Regulate Fairly. Florida Departments! Business“) Professional Regulation PAGE 8 RE: CASE NUMBER 2008049013 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO -- MS. . LIQUOR GROUP FLORIDA LLC D/B/A LIQUOR GROUP FLORIDA LLC LICENSE NUMBER WSL2607803 Charlie Crist, Governor Charies W. Drago, Secretary ~ You, LIQUOR GROUP FLORIDA LLC, D/B/A LIQUOR GROUP FLORIDA LLC, are charged with the ‘following count(s): 4. On or about December 4, 2006 through November 31, 2007, you, Liquor Group Florida LLC, d/b/a: Liquor Group Florida LLC, a person, cor rate officer, stockholder, age Law, to ‘wit: Liquor “6r individual with an interest ina license under the Bev Group Florida LLC, had their qualifications impaired to hold an alcoholic beverage license, to wit: Failed Distributor Requirements Audit for the aforesaid audit period, this act being contrary to and in violation of section 561.41 1(1)(a)(b), Florida Statutes, within section 561.29, Florida Statute. rT Interim Director Jerry Geier __... Signed this September 5,.2008. _ - _ ~ Division of Alcoholic Beverages and Tobacco Law Enforcement Captain Explanation of Service: Date Served Received By. Personal Service By. Certified Mail # Attach Receipt if Served by Mail. 904.727.5550 7960 Arlington Exp., #600 Jacksonville FL 322114 www.MyFloridaLicense.com License Efficiently. Regulate Fairly.

Docket for Case No: 08-005479

Orders for Case No: 08-005479