Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: DAYLIGHT GAS, INC., D/B/A DAYLIGHT GAS, INC.
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Feb. 02, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 22, 2010.
Latest Update: Feb. 24, 2025
Feb 2 2010 14:54
92/02/2818 15:85 8589221278 ogo PAGE
Florida Departments
Busines
ProfessiOrial Gharlle Crist, Governor
: st r
Regulation Chanies W, Drage, Secretary
PAGE 7
RE: CASE NUMBER 2009021599
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
_PETITIONER, nos
VS.
DAYLIGHT GAS INC.
D/B/A DAYLIGHT GAS ING,
LICENSE NUMBER BEV1617293 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 DAYLIGHT GAS INC. herein after
referred to as “respondent,” and alleges:
1.
Tet 954,917,1346 : 5080 Coconut Greek Pkwy.
Fax, 954.817.1357
Petitioner is the state agency charged with supervising businesses licensed under the
Florida beverage, tobacce and tax, and tobacco products permit laws pursuant to
sections 559.061, 561.07, 561.15, 561.19, 561,29, 561.501, 210.15, 210.16, 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
ficense/permit, issued in the State of Florida, by the Division of Alcoholic Beverages
and Tobacco. Respondent's last known mailing address is as follows:
L
a
DAYLIGHT GAS INC. _
DIB/A DAYLIGHT GAS INC. A
800 WEST HALLANDALE BEACH BLVD
HALLANDALE, FL 33009
And the division has not been notified of any other designated person or address for
the service of process and notices authorized by Rule 614-2.012, Florida
Administrative Code.
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 canduct.
'
www. MyEtoridal|eense.com
: uite License Efficiently, Regulate Fairly.
Margate FL 33083-4942 dobra.nlcoletti@dbpr.state.fl.us
63/66
Feb 2 2010 14:54
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Horida Departments,
Busines a)
Protessi r al Charlle Grist, Governor
Regu lation Charles W, Drago, Secretary
PAGE 8
RE: CASE NUMBER 2009021599
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
V8. ;
DAYLIGHT GAS INC,
D/B/A DAYLIGHT GAS INC.
LICENSE NUMBER BEV1617293
You, DAYLIGHT GAS ING., D/B/A DAYLIGHT GAS ING., are charged with the following count(s):
1, On or about April 23, 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: Lea Gunduz, did
unlawfully on your licensed premises, sell, give, serve, or permit to be served an alcoholic beverage,
to wit 24.50z can of “Joose” alcoholic energy drink for $2.79, to 4 person, to wit: Investigative
aide FLO047 0.0.8. 05/04/1989, 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 May 12, 2009
Debi Pender
Interim Director
Division of Alcoholic Beverages and Tobacco
Feamen Puentes-Croye :
-____Law_Enforcement Captain
Explanation of Service: —
SSECT
Pea ines E Et
Date Served + 8 Completa items 1, 2, and 3, Also complete -
— Item 4 if Restricted Dallvary Is desired.
1 Agent
ome recsna |
Received By. ek soe weloanratun the card ore EL asteressng_«
Personal a Attach this card to the back of the maligloge, 41] B, Reaolved by (Frintad Namo) G. Date of Dallvery J
Service By 1__oFon the front If space permits, i O872Go-7 1
11. Anlicle Addressed ta: ¢ yr peewee Te TY /"D. "es delivery ecireas different fram tem 4? CI Yes
Certified Mail # Mim cront celviny bckrees baer” [ip
i MAY 18 2009
Attach Receipt if Served by: oe psreten mati: 70004530 0000 es2341250°
DAYLIGHT GAS INC.
D/B/A DAYLIGHT GAS ING.
800 WEST HALLANDALE BEACH &LVD
HALLANDALE, FL $3009
3. Service type
O Certified Met EI Expmss Malt :
Cl Roglstared 1 Return Receipt for Metehandiga
Olinsurmd Mail Gop.
4, Restricted Delivery? (Extra Fee) D yes
RE: Case Number 2009021 599, macilin-05/12/08
+ 2 Article Number + tEEL. a Srpregay : : tard
trate dbved eb Foye E13 6 OBAGI aH 1 |
"PS Form 3841, February 2004 Domestic Return Recelpt TORnISORM-1860 *
Tel: 954.917.1346 vee BUY eA ner ner nee ney :
License Efficiently, Regulate Failily, *
Fax: 954.917.1357 SuiteC
om Margate FL 33063-3942 debra. nicolati@dbpr.state.fl.us
Docket for Case No: 10-000512
Issue Date |
Proceedings |
Apr. 22, 2010 |
Order Closing File. CASE CLOSED.
|
Apr. 22, 2010 |
Joint Motion to Relinquish Jurisdiction filed.
|
Apr. 16, 2010 |
Respondent's Response to Petitioner's Second Request for Admissions filed.
|
Apr. 09, 2010 |
Response to Petitioner's Request to Produce filed.
|
Apr. 09, 2010 |
Notice of Filing Answers to Interrogatories.
|
Apr. 09, 2010 |
Respondent's Response to Petitioner's Second Request for Admissions (incomplete) filed.
|
Apr. 09, 2010 |
Notice of Filing Response to Second Request for Admissions .
|
Mar. 29, 2010 |
Petitioner's Motion to Compel Discovery filed.
|
Mar. 26, 2010 |
Notice of Unavailability filed.
|
Mar. 08, 2010 |
Petitioner's Second Request for Admissions filed.
|
Mar. 08, 2010 |
Notice of Serving Petitiner's Second Request for Admissions filed.
|
Mar. 01, 2010 |
Response to the Petitioner's First Request for Admissions filed.
|
Feb. 22, 2010 |
Order Directing Filing of Exhibits
|
Feb. 22, 2010 |
Order of Pre-hearing Instructions.
|
Feb. 22, 2010 |
Notice of Hearing by Video Teleconference (hearing set for April 27, 2010; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Feb. 16, 2010 |
Petitioner's First Request for Production of Documents filed.
|
Feb. 11, 2010 |
Petitioner's Request to Initial Order filed.
|
Feb. 04, 2010 |
Petitioner's First Request for Admissions filed.
|
Feb. 04, 2010 |
Notice of Serving Petitioner's First Request for Admissions filed.
|
Feb. 04, 2010 |
Notice of Service of Petitioner's First set of Interrogatories to Respondent filed.
|
Feb. 04, 2010 |
Respondent's (should be Petitioner's) First Request for Production of Documents filed.
|
Feb. 03, 2010 |
Initial Order.
|
Feb. 02, 2010 |
Notice of Appearance (filed by P. Perettine).
|
Feb. 02, 2010 |
Request for Hearing filed.
|
Feb. 02, 2010 |
Administrative Complaint filed.
|
Feb. 02, 2010 |
Agency referral filed.
|