Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: PINE CASTLE LODGE NO. 2345 LOOM, INC., D/B/A PINE CASTLE MOOSE LODGE NO. 2345
Judges: CAROLYN S. HOLIFIELD
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Feb. 01, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 23, 2010.
Latest Update: Nov. 18, 2024
Feb 1 2010 15:28
@1/31/2818 16:14 8584146749 DEPR OGA PAGE
Flewwla Daperrranta
Business
Professiotial Charla Crist, Govern
Reguiation
Charles W. Drago, Saeratary
PAGE 7
RE: CASE NUMBER 2007043686 \ ,
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACED:
PETITIONER,
VS
PINE CASTLE LODGE NO 2345 LOOM ING
D/B/A PINE CASTLE MOOSE LODGE NO 2345
LICENSE NUMBER BEV5803227 SERIES 110
RESPONDENT
ADMINISTRATIVE COMPLAINT
Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as
“petitioner,” and files this administrative complaint against PINE CASTLE LODGE NO 2345 LOOM
INC herein after referred to as “respondent,” and alleges:
1.
407.245.0780
Petitioner is the state agency charged with supervising businesses jicensed under the
Florida beverage, tobacco and tax, and tobacco products permit laws pursuant to
sections 559.081, 561.07, 661.15, 561,19, 561.29, 561.501, 210.15, 210.16, 210.45,
210.50, 569.003, and 569.006, Florida Statutes.
Respondent is, and has been at all times material hereto, the holder of 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:
PINE CASTLE LODGE NO 2345 LOOM Thi
DIB/A PINE CASTLE MOOSE LODGE NO 2345
5665 S ORANGE AVE
ORLANDO, FL. 32809
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.
Petitioner intends to revoke; suspend; annul; impase 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.
400 Weet Robinson St. www. MyFloridaLicense,com
Hurston Bldg., NW. Tower License Efficiently. Regulate Fairly.
Rm
63/86
Feb 1 2010 15:
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64/86
Charlie Grist, Governor
Charles W, Drage, Secretary
PAGE 8
RE: CASE NUMBER 2007043686
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
VS. °
PINE CASTLE LODGE NO 2345 LOOM INC
D/B/A PINE CASTLE MOOSE LODGE NO 2345
LICENSE NUMBER BEV5803227-
You, PINE CASTLE LODGE NO 2345 LOOM ING, D/B/A PINE CASTLE MOOSE LODGE NO 2345,
are charged with the following count(s): ;
4. On or about 12/20/2007 through 5/26/2009, you, the aforementioned licensee, holding a license
under the Beverage Law, or your agent(s), officer(s), servarit(s)}: or employee(s), did unlawfully on
your licensed premises, permit or allow gambling activity, gamne{s) of chance for money or other
thing of value, to wit, coin operated video slot machines also known as Cherry Master or Eight Liner
gambling machines), this act being contrary to and in violation of section 849.08, within 561.29(1)(a),
Florida Statutes.
2. On or about 11/21/2008 through 5/26/2009, you, the aforementioned licensee, holding a license -
under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), did untawfully on
your licensed premises, permit of allow gambling activity, lottery for money or anything of value, to
wit: Pull Tabs, this act being contrary to and in violation of section 849,09(1), within 561.29(1)(a),
Florida Statutes.
3, On or about 11/21/2008 through $/26/2009, you, the aforementioned licensee, holding a license
under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), did unlawfully on
your licensed premises, permit or allow gambling activity, lottery for money or anything of value, to
wit: Daily Drawing, this act being contrary to and in violation of section 849.09(1), within
561.29(1)(a), Florida Statutes.
4, On or about 11/21/2008 through 5/26/2009, you, the aforementioned licensee, holding a license
under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), did unlawfully on
your licensed premises, permit or allow gambling activity, lottery for money or anything of value, to
wit Weeklies Drawings, this act being contrary to and in violation of section 849.09(1), within
561.29(1)(a}, Florida Statutes. ya ae
5, On or about 12/20/2007 through 5/26/2009, you, the aforementioned licensee, holding a license
under the Beverage Law, of your agént(s), officer(s), servant(s), or employee(s), did unlawfully on
your licensed premises, permit, allow, or possess gambling machine(s) or device(s), to wit: Coin
i machines, alse known as Cherry Master or Eight Liners gambling machines with
specific names as Captain Jack, New Fruit Bonus 96 (2), Crazy Bug, Haunted House, Ocean
Paradise, Super El Dorado, which upon the insertion of any piece of money, coin, or other object, is
caused to operate such machine(s) or device(s) and the user, by reason of any element of chance i
ar of any other outcome of such operation unpredictable, may receive money, it, ,
other of value, this act being contrary to and in violation of section 849.16(1), ‘
Florida Statutes,
285.0780 400 West Robinson St. M HaLlcenss.co!
ara 7 Hurston Bidg., N. Tower License Efficlently, Regulate Fatriy.
Rm 708
Adinaas EL anon
Feb 1 2010 15:29
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. DEPR OGA
PAGE 85/86
florida Dagar
Bus Ness a
rofessioria
Dac lation : coe hong Gharlle Crist, Gavarnor
PAL ELIA “ Charles W. Drago, Secretary
6. On or about 11/21/2008 through 5/26/2009, you, the aforementioned licensee, holding a license
under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), did unlawfully on
your licensed premises, permit, allow, or possess gambling machine(s) or devica(s), to wit: Pull Tab
machine, which upon the insertion of any piece of money, coin, or other object, is caused to operate
such machine(s) or device(s) and the user, by reason of any element of chance or of any other
outcome of such operation unpredictable, may receive money, credit, allowance, or ather of value,
this act being contrary to and in violation of section 849.16(1), within 561.29(1)(a), Florida Statutes.
Signed this October 14, 2009
John R. Powell, Director
Division of Alcoholic Beverages and Tobacco
Meliss: nnin: woe
Law Enforcement Lieutenant
Explanation of Service:
Date Served.
Received By
Personal
Service By.
Certified Mail #
Attach Receipt if Served by Mail.
407.245.0780 400 Waat Robinson St. wow, MyFlorida |eenge.com
on Hurstan Bidg., N, Tower License Efficiently. Regulate Fairly.
Rm 7a9
Docket for Case No: 10-000509
Issue Date |
Proceedings |
Mar. 29, 2010 |
Response to Petitioners Frirst Request for Production filed.
|
Mar. 29, 2010 |
Response to Petitioner's First Request for Admissions filed.
|
Mar. 29, 2010 |
Notice of Answering Petitioner's First set of Interrogatories filed.
|
Mar. 23, 2010 |
Order Closing File. CASE CLOSED.
|
Mar. 22, 2010 |
CASE STATUS: Motion Hearing Held. |
Mar. 22, 2010 |
Amended Notice of Filing Response to Second Request for Admissions filed.
|
Mar. 19, 2010 |
Petitioner's Motion to Compel Production of Documents filed.
|
Mar. 18, 2010 |
Notice of Telephonic Motion Hearing (motion hearing set for March 22, 2010; 9:00 a.m.).
|
Mar. 16, 2010 |
Opposition Motion to Relinquish Jurisdiction filed.
|
Mar. 04, 2010 |
Notice of Filing Response to Request for Admissions .
|
Mar. 03, 2010 |
Petitioner's Response in Opposition to Respondent's Motion for Final Summary Order and Motion to Relinquish Jurisdiction filed.
|
Feb. 26, 2010 |
Motion for Final Summary Order filed.
|
Feb. 25, 2010 |
Deposition John Szabo filed.
|
Feb. 25, 2010 |
Deposition of Melissa Fannin filed.
|
Feb. 25, 2010 |
Deposition of Dan Magill filed.
|
Feb. 25, 2010 |
Notice of Filing Transcripts .
|
Feb. 22, 2010 |
Respondent's Notice of Serving Second set of Interrogatories to Petitioner filed.
|
Feb. 18, 2010 |
Respondent's First Request for Production to Petitioner filed.
|
Feb. 18, 2010 |
Respondent's Notice of Serving First set of Interrogatories to Petitioner filed.
|
Feb. 05, 2010 |
Order of Pre-hearing Instructions.
|
Feb. 05, 2010 |
Notice of Hearing (hearing set for April 27 and 28, 2010; 9:00 a.m.; Orlando, FL).
|
Feb. 04, 2010 |
Joint Response to Initial Order filed.
|
Feb. 02, 2010 |
Initial Order.
|
Feb. 02, 2010 |
Petitioner's First Request for Admissions filed.
|
Feb. 02, 2010 |
Notice of Serving Petitioner's First Request for Admissions filed.
|
Feb. 02, 2010 |
Notice of Service of Interrogatories filed.
|
Feb. 02, 2010 |
Petitioner's First Request for Production of Documents filed.
|
Feb. 01, 2010 |
Request for Hearing filed.
|
Feb. 01, 2010 |
Administrative Complaint filed.
|
Feb. 01, 2010 |
Agency referral filed.
|