Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: MGA, LLC, D/B/A AZURE
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: Fort Pierce, Florida
Filed: Mar. 19, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 9, 2009.
Latest Update: Jan. 09, 2025
Mar 19 2009 11:48
@3/19/2889 18:58 B589221276 o6¢ PAGE 44/86
Hlorida Department
-. Busines ;
Professional cna
Regulation — . charlea W. Braye Seorany
PAGE7
RE: CASE NUMBER 2008044847
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
PETITIONER,
VS.
MGA LLC
D/B/A AZURE ,
- LICENSE NUMBER BEV6802419 SERIES 4COP
RESPONDENT
ADMINISTRATIVE COMPLAINT
Comes naw, the Division of Alcoholic Beverages and Tobacco, herein after referred to as
petitioner, " and files this administrative complaint against MGA LLC herein after referred to as
“raspondent,” 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 559.061, 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.
2, ‘ Respondent is, and has been at all times material hereto, the holder of a valid
license/permit, iésued in the State of Florida, by the Division of Aleohalic Beverages |
and Tobacco, Respondent's last known mailing address is-as follows:
. MGALLC ©
D/BIA AZURE
9501 BRANDYWINE LN
PORT ST LUCIE, FL. 34986
And the division has not been notified of any ather designated person or address for
the service of process and notices authorized by Rule 61A- 2. 012, Florida
Administrative Code.
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.
‘
772.408.3927 4976 8, 25th St . ww, MyFloridalieenge.com
‘ Ft. Plorce FL 34981. . Lieansa Efficlently. Regulate Fairly,
Mar 19 2009
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Floricle Departmentet
. Busines
Protessioral nate ce a
Ragu lation . chatea broge’ secretary
PAGE 8
RE: CASE NUMBER 2008044847
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
V8.
MGA LLC
D/B/A AZURE
LICENSE NUMBER BEV6602419
You, MGA LLG, D/B/A AZURE, are charged with the following count(s):
1. On or about 08/05/2008, you, the aforementioned licensee, or your agents), officer(s), servant(s),
of employee(s), to wit: (Ataul Haq), did unlawfully on your premises licensed under the Beverage
Law or elsewhere while in the scope of employment, possess for resale alcoholic beverages, to wit:
(1) 1.75L Cherry Three Olives vodka, (1) 1.75L Grape Three Olives vodka,(1) 1.751 Absolut vadka,
(1) 1.751 Stolichmaya vodka (4/2 full), (1) 1.75L Stolichmaya vedka-(full), (1) 1.78L Jack Daniels
whiskey (1/2 full), (1) 1.75L Jack Daniels whiskey (full), (1) 1.75. Grey Goose vodka, (1) 750ml Grey |
Goose vodka, (1) 1L Jack Daniels whiskey, (1) 1L Stolichmaya vodka, (1) 1L Absolut vodka, (1) 7L
Crown Rayal, (1) 1.75L Crown royal), purchased or acquired in any manher frorh’a person or entity
not licensed as a distributor under the Beverage Law, this act being contrary to and in violation of
section 561.14(3), within 561.29(1)(a), Florida Statutes.
2. On or about 08/08/2008, you, the aforamentioned licensee, holding a license under the Beverage
Law, or your agent(s), officers), servant(s), or employee(s), to wit: (Aiau! Haq), did unlawfully on
your licensed premises or elsewhere while in the scope of employment, reuse or refill with distilled
spirituous liquors for the purpose of sale a bottle or other container which had once been used to
contain spirituous liquors, to wit: (1) 1.75L Cherry Three Olives vodka, (1) 1.75L Grape Three Olives
vodka,(1) 1.75L Absolut vodka, (1) 1.75L Stolichmaya vodka (1/2 full), (1) 1.75L, Stolichmaya vodka
(full), (1) 1.75L Jack Daniels whiskey (1/2 full), (1) 1.75L Jack Dante whiskey (full), (1) 1.75L Grey
Goose vodka, (1) 750m! Grey Goose vodka, tf 4L Jack Daniels whiskey, (1) 1L Stalichmaya vodka,
(1) 1L Absolut vodka, (1) 1L Crown Royal, (1) 1.75L Grown royal), this act being contrary to and in
violation of section 565.11, within 561.29(1)(a), Florida Statutes.
3. On of about 08/05/2008, you, the aforementioned licensee, or your agent(s), officer(s), servant(s),
or employee(s), to wit: (Ataul Haq), did unlawfully on your premises licensed under the Beverage
Law, possess tobacco products, to wit (1) Layalina Jasmine Flavor tobacce and (1) Layalina Double
Apple tobacco), purchased from a distributor not licensed, this act being contrary to and in violation
of section 210.65(2), within 561.29(1)(a), Florida Statutes.
4, On or about 08/05/2008, you, the aforementioned licensee, holding a license under the Beverage
Law, or your ageni{s), officer(s), servant(s), or employee(s), to wit: (Ataul Haq), did unlawfully on
your licensed premises, allow or permit alcoholic beverages to be sold, consumed, served, or
permitted to be served or consumed, after the hours of sales have elapased as provided for (Sec. 1-
3-1. Hours of sale regulated St, Lucie County Ordinance), this act being contrary to and in violation
of section 562.14(1), within 561.29(1)(a), Florida Statutes,
é
TTRABB.AO27 4976 &. 28th St wun. MyPlorigtaLiocnsa.som
. Ft, Pierce PL 34984 License Efficiantly. Regulate Fairly.
Mar 19 2009 11:49
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Florida Departments?
Busines
Protessiorial
Regulation chara W. rage’ Seeraany
Signed this September 19, 2008
Director Jerry Geier
Division of Alcoholic Beverages and Tobacco
Lidutenant
Explanation of Service:
Date Served
Received By.
Personal
Service By.
Certified Mail #
Attach Receipt if Served by Mail.
772.488.3927 4876 5, 25th St , www,MvFleridablcense,com
; Ft. Plaroe FL 34981 Licanse Efficiently. Regulate Fairly,
Docket for Case No: 09-001506
Issue Date |
Proceedings |
Jun. 09, 2009 |
Order Closing Files. CASE CLOSED.
|
Jun. 09, 2009 |
(Petitioner's) Motion to Relinquish Jurisdiction filed.
|
Jun. 01, 2009 |
Petitioner's Motion to Continue Scheduling of Final Administrative Hearing filed.
|
May 18, 2009 |
Notice of Filing Answers to Interrogatories (no enclosures) filed.
|
May 18, 2009 |
(Respondent`s) Response to Request for Admissions filed.
|
Apr. 06, 2009 |
Order of Pre-hearing Instructions.
|
Apr. 06, 2009 |
Notice of Hearing (hearing set for June 17, 2009; 9:00 a.m.; Fort Pierce, FL).
|
Apr. 03, 2009 |
Unilateral Response to Initial Order filed.
|
Apr. 03, 2009 |
Petitioner`s First Request to Produce to Respondent filed.
|
Apr. 03, 2009 |
Petitioner`s First Request for Admissions to Respondent filed.
|
Apr. 03, 2009 |
Notice of Service of Interrogatories filed.
|
Apr. 03, 2009 |
Petitioner`s First Request for Admissions to Respondent filed.
|
Mar. 20, 2009 |
Order of Consolidation (DOAH Case Nos. 09-1333 and 09-1506).
|
Mar. 20, 2009 |
Stipulated Motion to Consolidate filed.
|
Mar. 19, 2009 |
Administrative Complaint filed.
|
Mar. 19, 2009 |
Request for Hearing filed.
|
Mar. 19, 2009 |
Agency referral
|
Mar. 19, 2009 |
Initial Order.
|