Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: CLUB MANHATTAN BAR AND GRILL, LLC, D/B/A CLUB MANHATTAN BAR AND GRILL
Judges: THOMAS P. CRAPPS
Agency: Department of Business and Professional Regulation
Locations: Fort Myers, Florida
Filed: Jun. 03, 2011
Status: Closed
Recommended Order on Friday, September 23, 2011.
Latest Update: Jan. 08, 2016
Summary: The issues in these cases are whether Respondent, Club Manhattan Bar and Grill, LLC, d/b/a Club Manhattan Bar and Grill (Respondent), committed the acts alleged in the administrative complaints dated September 13, 2010, and December 1, 2010, and, if so, what disciplinary action, if any, should be taken against Respondent.Respondent's 4COP/SRX alcoholic beverage license should be revoked where record shows Respondent failed to maintain and provide business records and had inadequate seating count
Summary: The issues in these cases are whether Respondent, Club Manhattan Bar and Grill, LLC, d/b/a Club Manhattan Bar and Grill (Respondent), committed the acts alleged in the administrative complaints dated September 13, 2010, and December 1, 2010, and, if so, what disciplinary action, if any, should be taken against Respondent.Respondent's 4COP/SRX alcoholic beverage license should be revoked where record shows Respondent failed to maintain and provide business records and had inadequate seating count for restaurant.
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11002805AC-060311-16405440Jun 3 2011 14:35
05/03/2011 13:53 8509221278 OGC PAGE 02/04
.1
RBonudsa npeasrtStne'rn t" •
Pro 1essi0t··al
Reg ·lation
, hatlle Crist, Gover!'lor
PAG 7
RE; CASE NUMBER 2010053163
PIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO fETITIONER,
)-IS.
CLUB MANHATTAN BAR AND GRILl ll-C b1B/A CLUB MANHATTAN BAR AND GRILL
LICENSE NUMBER BEV6804347 SERIES 4COP ESPONDENT
ADMINISTRATIVE COMPLAINT
Com s now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as
"peti oner," and files this administrative complaint against CLUB MANHATTAN BAR ND GRILL LLC erein after referred to as "respondent," and alleges;
dharlle !.lem, S111er-eta1'Y
Petitioner is the state agency charged with supervising businesses licensed under the Florida beverage, tobacco and tax, and tobacco products permit laws pilirsuant to sections 559,061, 561,07, 561.15, 561,19, 561,29, 561.501, 210.15, 21b.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 valid
license/permit, issued in the State of Florida, by the Division of Alcoholi • Beverages and Tobacco. Respondent's last known mailing address is as follows;
CLUB MANHATTAN BAR AND GRILL LLC D/8/A CLUB MANHATTAN BAR AND GRILL 2025 DR MARTIN LUTHER KING WAY SARASOTA, FL 34234-8108
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
Petitioner intends to revoke; suspend; annul; impose administrative fines, investigative costs, and late penalties; or any combination of these authprized penalties. This intended action is based on the below described facts o conduct.
239, 44.0878 2295 Victor\ Avenua
Sulto 145
Pt. Myeri FL 901-3884
.MyFlor sLiei=mse.com
License Efrently, Ro ulote ,Fairly.
Jun 3 2011 14:35
05/03/2011 13:53 8509221278 OGC PAGE 03/04
Florid(! nment,1
PAG · 8
Re: ASE NUMBER 2010053163
IVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
S.
LUB MANHATTAN BAR AND GRILL LLC
/8/ACLUB MANHATTAN BAR AND GRILL ICENSE NUMBER BEV6804347
You, LUB MANHATTAN BAR AND GRILL LLC, D/B/A CLUB MANHATTAN BAR AN GRILL, are
char kd with the following count(s):
j
Bus nesr'iO, Pro ssils>'r\'i:11 Reg lation
Mrliti! CMt, Governor
c a!'l!o l.lem1 ssc11:1tary
O or about 04/01/10 thru 07/31110, you, the aforementioned licensee, holding a lie nse under
the B verage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: (Bridgr1 tte Stokes),
l
did u, lawfully on your licensed premises, fail lo maintain separate records of all purchases and . gros Iretail sales of food and non-alcoholic beverages and all purchases and gross ret il sales of alco olic beverages on your licensed premises for a period of 3 years or failed to produce such recor s to the Division of Alcoholic Beverages and Tobacco within 14 days of request fbr such recor s, this act being contrary to and in violation of rule 61A-3.0141(3)(a)1, Florida Administrative Cod within 561.29(1)(a), Florida Statutes.
0 or about 04/01/10 thru 07/31/10, you, the aforementioned licensee, holding a lie nse under the B verage Law, did fail to derive at least 51 percent of your gross revenue from' sale:s of food and non- lcoholic beverages as required to qualify for your license, this act being contrary to and in violat on of section 561.20(2)(a)4, within 561.29(1)(a), Florida Statutes.
Signed this December 1, 201o John R. Powell, Director
Division of Alcoholic Beverages and Tobacco
Expl nation of Service:
Gu(A),C AcHn
Sabrina Maxwell /
Law nforcement Captain
Ca,ot;
Date Served, _
Rec ved By Pers nal
Servi,e By _
Certi 1ed Mail#- _ Atta h Receipt if Served by Mail.
239, I 4,0878 2295 Victoria Avenue
_ Suite 145
Ft. Myers FL 33901-3884
MvflorlcleiL!conM.com
License 5ffl lently. R i;iurate Fairly.
Docket for Case No: 11-002805
| Issue Date |
Proceedings |
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Jan. 08, 2016 |
Agency Final Order filed.
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Oct. 26, 2011 |
(Agency) Final Order filed.
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Sep. 23, 2011 |
Recommended Order (hearing held August 8, 2011). CASE CLOSED.
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Sep. 23, 2011 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Sep. 06, 2011 |
Petitioner's Proposed Recommended Order filed.
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Aug. 25, 2011 |
Transcript of Proceedings (not available for viewing) filed. |
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Aug. 08, 2011 |
CASE STATUS: Hearing Held. |
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Aug. 01, 2011 |
Petitioner's Witness and Exhibit List filed.
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Jun. 17, 2011 |
Order of Pre-hearing Instructions.
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Jun. 17, 2011 |
Notice of Hearing (hearing set for August 8, 2011; 9:30 a.m.; Fort Myers, FL).
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Jun. 17, 2011 |
Order of Consolidation (DOAH Case Nos. 11-2805 and 11-2957).
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Jun. 14, 2011 |
Joint Response to Initial Order filed.
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Jun. 07, 2011 |
Petitioner's First Request for Production of Documents filed.
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Jun. 07, 2011 |
Notice of Serving Petitioner's First Request for Admissions filed.
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Jun. 07, 2011 |
Petitioner's First Request for Admissions filed.
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Jun. 07, 2011 |
Notice of Service of Petitioner's Interrogatories filed.
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Jun. 07, 2011 |
Initial Order.
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Jun. 03, 2011 |
Request for Hearing filed.
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Jun. 03, 2011 |
Administrative Complaint filed.
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Jun. 03, 2011 |
Agency referral filed.
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Orders for Case No: 11-002805
| Issue Date |
Document |
Summary |
|
Oct. 20, 2011 |
Agency Final Order
|
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Oct. 18, 2011 |
Agency Final Order
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Sep. 23, 2011 |
Recommended Order
|
Respondent's 4COP/SRX alcoholic beverage license should be revoked where record shows Respondent failed to maintain and provide business records and had inadequate seating count for restaurant.
|
