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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs G I FOOD MARKET, INC., D/B/A G I FOOD MARKET, 10-002444 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-002444 Visitors: 21
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: G I FOOD MARKET, INC., D/B/A G I FOOD MARKET
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: May 06, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 9, 2010.

Latest Update: Dec. 25, 2024
May 6 2010 10:47 85/86/2818 18:88 B589221276 o6¢ PAGE 83/87 Forica iness/) BUSINES“ roressl ral Charite Grist, Gi Regulation . Charles W. Drago, Secretary PAGE 7 RE: CASE NUMBER 2009041345 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS, G | FOOD MARKET INC D/B/A G | FOOD MARKET LICENSE NUMBER BEV1617915 SERIES 2AP8 RESPONDENT ADMINISTRATIVE COMPLAINT Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as “petitioner,” and files this administrative complaint against G | FOOD MARKET ING herein after referred to as “respondent,” and alleges: 1, 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, 210.16, 210.45, 210.50, 569.003, and 569.006, Florida Statutes. 2. 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: G | FOOD MARKET ING D/B/A G | FOOD MARKET 1816 NORTH 20TH AVENUE HOLLYWOOD, FL 33020 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. 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 based on the below described facts or conduct. Tet 954.917.1346 5080 Coconut Creek Pkwy. wow, My FloridaLicense.comn Fax: 954.917.1357 Suite C License Efficiently. Regulate Fairly. Margate FL 33063-3942 May 6 2010 10:48 g5/86/2818 16:48 8589221278 OGG PAGE ad/a7 ! Florida Department : . : pusnesy | | roressiofia I Regulation cree Sey | i | PAGE 8 | i RE: CASE NUMBER 2008041345 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. GJ FOOD MARKET INC D/B/A G | FOOD MARKET LICENSE NUMBER REV1617915 You, GI FOOD MARKET INC, D/B/A G | FOOD MARKET, are charged with the following count(s): 4. On or about August 5, 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 Musa Mohamed Farraj sole Corporate Officer, did unlawfully on your ficensed premises, sell, give, serve, or parmit to be served an alcoholic baverage, to wit: 6 pack of Coors Light Beer, to a person, to wit: I/A FLO100 2.0.8. 12/8/1989, under 21 years of age, this act baing contrary to and in violation of section 562.11(1)(a), within 561.29(1)(a), Florida Statutes. Signed this August 25, 2009 John R. Powell ' Director ' Division of Alcoholic Beverages and Tobacco _ ' Free Puentes-Croye 1 Law Enforcement Captain Explanation of Service: Date Served Received By. escail Personal Firat atime aie ae | Service By. OFFICIAL USE Certified Mail # Cortifled Fee Attach Receipt if Served: by Mail, cena Rae oa ei (Emo G | FOOD MARKET INE ‘Totaly al | ZOTHAVEN B, FL 33020 7006 3450 0001 25435 9b464 Tel: 954.917.1346 5080 Coconut Creek Pkwy. www. MyFloridaLicense.com Fax: 954.917.1357 Suite O License Efficiently. Regulate Fairly, Margate FL 33083-3942 May 6 2010 10:48 85/86/2818 18:88 B589221276 o6¢ PAGE 85/87 " orida Departments! Business’ Professi a ral Charlie Crist, Governor Regulation Charles W, Drago, Seeratary PAGE 3 RE: CASE NUMBER 2009041345 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, : Vs, G | FOOD MARKET INC D/B/A GI FOOD MARKET . LICENSE NUMBER BEV1617915 SERIES 2APS RESPONDENT. STIPULATION (Settlement agreement) Pursuant to s.120.57(4), F.S., the above named parties hereby enter into this stipulation as disposition of the attached administrative action, in lieu of any other administrative proceedings authorized in Chapter 120, F.S. The terms herein become effective only if and when the division accepts this stipulation as evidenced by an authorized signature. In considering this, the division may review all investigative materials regarding this action, past administrative penalties and violations, tax delinquencies, and failure to make timely payments to alcoholic beverage distributors by this license, If this stipulation is rejected, it shall not be used against either party and shall be considered a request for an administrative hearing. STIPULATED FACTS * Respondent admits the allegations of the administrative complaint are true. 2 ~~ During the time the violation(s) occurred, respondent was licensed as a vendor having been issued license number BEV1617915 series 2APS. GONCLUSIONS OF LAW 4) Respondent admits that the stipulated facts contained in the administrative complaint constitute violations of law and subject the license and/or permit to administrative penalties, SETTLEMENT 1) Respondent shall pay $1000.00 as an administrative fine within 15 days after receipt of this accepted stipulation. 2) Respondent shall pay $N/A in late penalties for delinquent tax reports within N/A days after receipt of this accepted stipulation, which will be for late reports received by the Division of Alcoholic Beverages and Tobacco. Tet 954.917.1346 5080 Coconut Craak Pkwy. www, MyFlorida icense.corn Fax: 954.917.1357 Suita G License Efficiently. Regulate Fairly, Margate FL 33063-3942 May 6 2010 10:48 g5/86/2818 16:48 8589221278 OGG PAGE 86/a7 Frorida Department: Rte roressiOria VEMOT Regulation chaiea 0 Brae, Secretary PAGE 4 3) Respondent shall serve a7 day suspension which shall begin on the first Monday that is not a legal holiday 15 days following the receipt of this accepted stipulation. During the suspension, the division shall post signs on the exterior and interior of the license premises indicating that respondent's license is suspended. Respondent agrees that it shall not deface, cover, remove, relocate, alter or damage any suspension signs posted by the division, nor permit others to do the same. 4) Respondent shall submit alcoholic beverage license/ tobacco permit number N/A for revocation effective N/A days after acceptance by the division. 5) Respondent shall reimburse investigative costs to the division in the amount of $N/A and reimburse investigative costs to the N/A in a separate check, in the amount of $N/A which shall both be remitted to your local district office of the Division of Alcoholic Beverages and Tobacco within N/A days following receipt of this stipulation. 6) Respondent shall forfeit all evidence seized related to this administrative complaint. The below listed items shall be returned to the respondent by petitioner within 15 days after receiving acceptance of this stipulation 2s follows: 7) Respondent waives the right to seek any attorney's fees or cost from the petitioner or its agents or employees in connection with this disciplinary proceeding. 8) Additional agreements: N/A 9) Respondent understands that the failure to comply with this stipulation, or any part of it, may result in additional penalties for violating an order of the division. 10) Have ail violations cited in the attached administrative action been corrected as of this date’? rd YES 11) The following corrective action plan has been taken by the respondent fo prevent future violations of the same nature, as cited in the administrative action. We ale Nou/ ashing pry ED. Ler anyone prckeseag ty Cofo/ OY Srbeteo protects. Tel; 954.917.1346 6080 Coconut Greek Pkwy, Suite C www. MyFloridaLiconse.com Fax: 954,917.1357 le License Efficiently. Regulate Fairly. Margate FL 33083-3042

Docket for Case No: 10-002444
Issue Date Proceedings
Jun. 09, 2010 Order Closing File. CASE CLOSED.
Jun. 08, 2010 Unopposed Motion to Relinquish Jurisdiction filed.
May 17, 2010 Order Directing Filing of Exhibits
May 17, 2010 Order of Pre-hearing Instructions.
May 17, 2010 Notice of Hearing by Video Teleconference (hearing set for July 30, 2010; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
May 13, 2010 Joint Response to Initial Order filed.
May 07, 2010 Petitioner's First Request for Production of Documents filed.
May 07, 2010 Petitioner's First Request for Admissions filed.
May 07, 2010 Notice of Serving Petitioner's First Request for Admissions filed.
May 07, 2010 Notice of Service of Interrogatories filed.
May 06, 2010 Initial Order.
May 06, 2010 Request for Hearing filed.
May 06, 2010 Administrative Complaint filed.
May 06, 2010 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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