Dec 3 2009 11:04 12/03/2089 11:16 85a9221278 aac PAGE Floftda Departmentg ® . @ Busines Professional + hatte Gal, Govema - 1a} |, i Regulation Charles W. Drage, Sacretary PAGE 7 RE: CASE NUMBER 2008010154 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. . DISCOUNT BEVERAGE WAREHOUSE INC DIB/A DISCOUNT BEVERAGE WAREHOUSE INC LICENSE NUMBER BEV2325038 SERIES 2APS RESPONDENT , ADMINISTRATIVE COMPLAINT Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as “petitioner,” and files this administrative complaint against DISCOUNT BEVERAGE WAREHOUSE INC herein after referred to as “respondent,” and allages: 4. 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, 210.18, 270.45, 240.50, 569,003, and 589.006, Florida Statutes. 2. Respondent is, and has been at ail times material hereto, the holder of a valid license/permit, issued in the State of Florida, by the Division of Aleaholic Beverages and Tobacco. Respondent's last known mailing adcress is as follows: DISCOUNT BEVERAGE WAREHOUSE INC D/B/A DISCOUNT BEVERAGE WAREHOUSE INC 4034 NW 2ND AVENUE MIAMI, FL. 33427 And the division has not beer notified of any other designated person or address for the service of process and notices authorized by Rule 61A-2.012, Florida Administrative Cade. : 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 pased on the below described facts or conduct Tel, 905.470,6783 8240 NW 82 Terrace, Sulte #203 ” www, MyFloridaLigense.com Fay: 308.470.5074 Doral FL 33166 Lioanse Efficiently, Regulate Faivly. a3/ay Dec 3 2009 11:05 12/63/2689 11:16 8589221278 ogo PAGE a4/a7 Flovida Departments, @ @ Busnes 5 Professional charle Gat, Govemer Reg ul ation Charles W. Drege. Secrolary PAGE 8 RE: CASE NUMBER 2008010154 ; DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO V8. DISCOUNT BEVERAGE WAREHOUSE ING D/B/A DISCOUNT BEVERAGE WAREHOUSE INC LICENSE NUMBER BEV2325038 You, DISCOUNT BEVERAGE WAREHOUSE ING, D/B/A DISCOUNT BEVERAGE WAREHOUSE INC, are charged with the following count(s): 4. On or about 02/26/2008 through May of 2008, you, the aforementioned licensee, or your agent(s), afficer(s), servant(s), or employee(s), to wit: John Russ (Corporate Officer), did unlawfully on your premises licensed under the Beverage Law or elsewhere while in the scape of employment, possess for resale alcoholic beverages, to wit: Miller Lite and Presidente Beer, purchased or acquired in any manner from 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 11/25/2008, you, Discount Beverage Warehouse Inc., d/b/a Discount Beverage Warehouse Inc, a person, corporate officer, stockholder, or individual with an interest in a license under the Beverage Law, to wit John Russ (Corporate Officer), had their qualifications impaired to hold an alcoholic beverage license, to wit entering into a plea of guilty in Federal Court for Conspiracy to Commit Interstate Transportation fo Stolen Property, this act being contrary to and in violation of section 561.15(2), Florida Statutes. ; 3, On or about 02/26/2008 through May of 2008, you, the aforementioned ficensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), Or other person(s) to wit John Russ (Coporate Officer), did unlawfully on your licensed premises or elsewhere while in the scope of employment, conspire to violate the Beverage Law, to wit; 861.14, and 819.12, and commited an act to effect the object of the conspiracy, to wit buying, receiving, selling and concealing stolen alcoholic beverages, this act being contrary fo and in violation of section 562.23, within £61.29(1)(a), Florida Statutes. : 4, On or about 02/26/2008 through May of 2008, you, the aforementioned licensee, holding a ficense under the Beverage Law, or your agent(s), officer(s), servant(s), or amployee(s), did uniawfully on your licensed premises, allow or permit a person, to wit John Russ (Corporate Officer) to traffic in or endeavor to traffic in property that was known or should have been known to be stolen, this act being contrary to and in violation of section 812.019(1), within 561.29(1)(a), Florida Statutes. Tal; 305.470,6783 8240 NW 52 Terrace, Suite #203 www. MyFloridaLigense.com Fax; 305.470,8074 Doraj FL 33166 License Efficiently. Regulate Fairly. 12/ag/2889 11:16 8589221278 Dec $ 2009 11:05 ogc PAGE 85/87 Florida Departments, © @ Busines WD Prof @S5) al Charlle Criel, Gevernor Regu lation ‘ Charles W. eva, sncretary Signed this June 26, 2009 Jerry Geier Director Division of Alcaholic Beverages and Tobacco Priscilla A. Tumer . Law Enforcement Captain Explanation of Service: Date Served, Received By. Personal Service By. Certified Mail # Attach Receipt if Served by Mail. Tel: 305.470.6783 8240 NW 5? Terrace, Suite #903 yw MyFloridalicenge.com Doral FL, 33168 "License erty Regulate Fairly. Fax: 205.470.5074

Docket for Case No: 09-006610