Apr 23 2009 O4/23/2089 16:22 8589221278 OGG tn ee ne im _e a reo \_Alerica Departments Busines Protessi@fal Regulation PAGE 7 RE: CASE NUMBER 2008059116 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. NITSCHE, SHIRLEY A D/B/A SMUGGLERS RESTAURANT LICENSE NUMBER BEV6002848 SERIES 4COP RESPONDENT ADMINISTRATIVE COMPLAINT 11:14 PAGE 86/88 Charlie Criat, Governor Charles W. Drage, Seeratary Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as “petitioner,”-and files this administrative complaint against NITSCHE, SHIRLEY.A harein-after referred to as “respondent,” and allages: i. Petitioner ig the state agency charged with supervising businesses licensed under the Florida beverage, tobacco and fax, and tobacco products permit laws pursuant to sections 859.061, 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, issued in the State of Florida, by the Division of Alcoholic Beverages and Tobacco. Respondent’s last known mailing address is as follows: NITSCHE, SHIRLEY A D/B/A SMUGGLERS RESTAURANT 11150 OKEECHOBEE BLVD ROYAL PALM BEACH, FL 33411 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. 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, 461.650.6840 411 8. Sapodilla Ave, #4105 West Paltn Beach FL 33401 (daLicanse, wow. MvFlorieaLicense.com Licensa Efficiently, Regulate Fairly. Apr 23 2009 11:14 @4/23/ 2889 1a:22 8589221278 OGG PAGE @7/ae york .Aarida Department Businesy ay Protessiétral Gharlia Crist, Governor . Regulation Charles W. Drago, Secretary PAGE 8 RE: CASE NUMBER 2008039116 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO V8. NITSCHE, SHIRLEY A D/B/A SMUGGLERS RESTAURANT LICENSE NUMBER BEV6002848 You, NITSCHE, SHIRLEY A, D/B/A SMUGGLERS RESTAURANT, are charged with the following count(s): 4. On or about 12/19/08, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: Shirley Nitsche, dic unlawfully on your licensed premises, fail to maintain separate records of all purchases and gross retail gales of food and non-alcoholic beverages and all purchases and gross retail sales of Alcoholic Beverages on your licensed premises for a period of 3 years of failed to produce such records to the Division of Alcoholic Beverdges and Tobacco within 14-days'6f téquest for such records, this act belng contrary to and in violation of rule 61A-3.0141(3)(a)1, Florida Administrative Code. within 561.29(1)(e), Florida Statutes. 9, On or about 11/5/08 through 2/19/09, you, the aforementioned licensee, holding a license under the Beverage Law, did fail to provide the required service area, seating, and equipment to serve 150 persons full course meals at tables at one lime as required to qualify for your license, this act being contrary to and in violation of section 561.20(2)(a)4, within 561.29(1)(a), Florida Statutes. 3. On or about 8/4/08 through 11/30/08, you; the aforementioned licensee, holding a license under the Beverage Law, did fail to derive atleast 51 parcent of your gross revenue from sales of food and non-alcoholic beverages as required to qualify for your licanse, this act being contrary to and in violation of section 561.20(2)(a}4, within 561.29(1)(a), Florida Statutes. 5@1,650,6840 , 111 &. Sapodilla Ava., #105 , wu. MyFloridal feanse.com, West Palm Beach FL 32401 License Effclently. Ragulate Fairly. Apr 23 2009 11:15 O4/23/2089 16:22 8589221278 OGG PAGE 88/88 roy * Bercabenenres Busines Pro essl al Chatters, @ Regulation Chatlea W. Drage, Secretary Signed this February 20, 2009 Jerry Galer Director Division of Alcoholic Beverages and Tobacco Explanation of Service: Date Served Received By. Personal Service By. Certified Mail #. Attach Receipt if Served by Mail. 561.650.6840 4114S. Sapodila Ava, #106 way MyFloridal jeanse.comn Wast Palm Beach FL 33401 License Effelantly. Regulate Fairly.

Docket for Case No: 09-002161