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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs DAYLIGHT GAS, INC., D/B/A DAYLIGHT GAS, INC., 10-000512 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-000512 Visitors: 22
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 92/62/2816 15:65 B589221276 oec PAGE 84/86 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.
Source:  Florida - Division of Administrative Hearings

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