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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs PINE CASTLE LODGE NO. 2345 LOOM, INC., D/B/A PINE CASTLE MOOSE LODGE NO. 2345, 10-000509 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-000509 Visitors: 8
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: @1/31/2818 16:14 8584146749 DEPR OGA “ PAGE é 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 @1/31/2818 16:14 8584146749 . 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.
Source:  Florida - Division of Administrative Hearings

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