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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs BROTHER J, INC., D/B/A AJ SPORTS, 09-006584 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-006584 Visitors: 9
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: BROTHER J, INC., D/B/A AJ SPORTS
Judges: JAMES H. PETERSON, III
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Nov. 30, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 16, 2010.

Latest Update: May 18, 2024
Now 30 2009 15:12 11/36/2869 15:24 B589221276 oec PAGE 83/86 Florida Department: Busines a Profess| Aa | Chania Crist, Governor Regulation Charlee W, Drago, Secretary PAGE 7 RE: CASE NUMBER 2009039259 DIVISION OF ALCOHOLIG BEVERAGES AND TOBACCO PETITIONER, VS. BROTHER J, INC D/B/A AJ SPORTS LICENSE NUMBER BEV4702607 SERIES 4COP RESPONDENT ADMINISTRATIVE COMPLAINT Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as “natitioner,” and files this administrative complaint against BROTHER J, INC herein after referred to as “respondent,” and alleges: 1. Patitioner 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, 270.15, 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: BROTHER J, INC DIB/A A.J SPORTS 1800 W. TENNESSEE STREET TALLAHASSEE, FL 32304 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. 950,922,9903 1940 N, Monroe St. wow MyFloridajleense, ° Tallahassee Fl, 32399-1026 License Efficiently. Regulate Fairly. Now 30 2009 15:12 11/38/2689 15:24 8589221278 OGG PAGE 84/86 Florida Department Busines ; 7 Professional rare Cre, Governor Reg ulation Charles Wi. Drago, Secretary PAGE & RE: CASE NUMBER 2009039259 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. BROTHER J, INC D/B/A A J SPORTS LICENSE NUMBER BEV4702607 You, BROTHER JJ, INC, D/B/A A J SPORTS, are charged with the following caunt(s): 1. COUNT 1 On or about 7/25/2009 _, you, the aforementioned licensee, holding a license under the Beverage Law, of your agent(s), officer(s), servant(s), or employee(s), to wit: Kimberly A. Veczko and Garrett J. Monteaguolo, did unlawfully on your licensed premises, sell, give, serve, or permit to be served an alcoholic beverage, to wit: a cup of Bud Light beer, to 4 person, to wit: IA # 0084, under 21 years of age, this act being contrary to and in violation of section 562.11(1)(a), within 561.29(1)(a), Florida Statutes. COUNT 2 On or about __ 8/21/2009, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: Alexa R. Barket, did unlawfully on your licensed premises, sell, give, serve, or permit to be served an alcoholic beverage, to wit: cup of Bud Light beer, to a person, to wit: IA #0084, under 21 years of age, this act being contrary to and in violation of section 562.11(1)(a), within 561.29(1){a), Florida Statutes. COUNT 3 On or about __9/25/2009, you, the aforementioned licensee, holding a license under the Beverage Law, ar your agant(s), officer(s), servant(s), or employee(s), to wit: Hunter P. McCrory, did unlawfully on your licensed premises, sell, give, serve, or permit to be served an alcoholic beverage, to wit: 12 oz. bottle of Bud Light beer (commercially labeled), to a person, to wit 1A #0084, under 21 years of age, this act being contrary to and in violation of section 562.11(1)(a), within 561.29(1)(a), Florida Statutes, Signed this October 9, 2009 John R. Powall, Director Division of Alcoholic Beverages and Tobacco “ lis YL Wayne Gaftliff Acting Law Enforcement Captain 850.927.9903 1940 N. Monroe St. www, MyEFloridalicense,com Tallahassee FL 32399-7026 License Effictently. Regulate Falrly,

Docket for Case No: 09-006584
Issue Date Proceedings
Apr. 16, 2010 Order Closing File. CASE CLOSED.
Apr. 13, 2010 Joint Motion to Relinquish Jurisdiction filed.
Mar. 10, 2010 Deposition of John Jusko filed.
Mar. 10, 2010 Deposition of Alexa Barket filed.
Mar. 10, 2010 Deposition of Hunter McCrory filed.
Mar. 10, 2010 Deposition of Erich Breedlove filed.
Mar. 10, 2010 Deposition of Kimberly Veczko filed.
Mar. 10, 2010 Order Granting Continuance and Re-scheduling Hearing (hearing set for April 16, 2010; 9:00 a.m.; Tallahassee, FL).
Mar. 10, 2010 Notice of Filing Transcript (Deposition of John Jusko) filed.
Mar. 10, 2010 Notice of Filing Transcript (Deposition of Alexa Barket) filed.
Mar. 10, 2010 Notice of Filing Transcript (Depostition of Hunter McCrory) filed.
Mar. 10, 2010 Notice of Filing Transcript (Deposition of Erich Breedlove) filed.
Mar. 10, 2010 Notice of Filing Transcript (Depostion of Kimberly Veczko) filed.
Mar. 09, 2010 Respondent's Agreed Upon Motion to Continue Formal Hearing filed.
Mar. 09, 2010 Petitioner's Witness and Exhibit List filed.
Mar. 08, 2010 Respondent's Witness and Exhibit List (exhibits not available for viewing) filed.
Mar. 02, 2010 Notice of Taking Deposition (of J. Brannon, S. Samm) filed.
Jan. 21, 2010 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 15, 2010; 9:00 a.m.; Tallahassee, FL).
Jan. 20, 2010 Respondent's Agreed Upon Motion to Continue Formal Hearing filed.
Jan. 04, 2010 Respondent's Response to Petitioner's First Request for Admissions filed.
Jan. 04, 2010 Respondent's Response to Petitioner's First Request for Production of Documents filed.
Jan. 04, 2010 Respondent's Notice of Serving Answers to Petitioner's First Set of Interrogatories filed.
Dec. 22, 2009 Notice of Service of Respondent's First Interrogatories to Petitioner filed.
Dec. 22, 2009 Respondent's First Request for Production of Documents filed.
Dec. 22, 2009 Respondent's First Request for Admissions filed.
Dec. 15, 2009 Notice of Service of Petitioner's Amended Interrogatories Only as to the Respondent to Whom Directed filed.
Dec. 10, 2009 Order of Pre-hearing Instructions.
Dec. 10, 2009 Notice of Hearing (hearing set for February 8, 2010; 9:00 a.m.; Tallahassee, FL).
Dec. 08, 2009 Joint Response to Initial Order filed.
Dec. 03, 2009 Notice of Service of Interrogatories filed.
Dec. 03, 2009 Petitioner's First Request for Production of Documents filed.
Dec. 03, 2009 Petitioner's First Request for Admissions filed.
Dec. 03, 2009 Notice of Serving Petitioner's First Request for Admissions filed.
Dec. 01, 2009 Initial Order.
Nov. 30, 2009 Incomplete Electios of Rights Failure to Dispute Material Facts filed.
Nov. 30, 2009 Request for Hearing filed.
Nov. 30, 2009 Administrative Complaint filed.
Nov. 30, 2009 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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