Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: GJ UPTOWN ENTERPRISE, INC., D/B/A UPTOWN 21
Judges: BARBARA J. STAROS
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: May 25, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 7, 2010.
Latest Update: Dec. 25, 2024
May 12 2010 13:14
@5/12/2010 12:27 8589221278 OGC ; PAGE 03/87
rote pore ry @
Busines
ProfessidFial i0- WIR
Regulation Chav W. Drage, Sooeiany
PAGE 7
RE: .CASE NUMBER 2009026902
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
PETITIONER,
VS.
GJ UPTOWN ENTERPRISE INC
D/B/A UPTOWN 21
LICENSE NUMBER BEV2609550 SERIES 4COP .
RESPONDENT
ADMINISTRATIVE COMPLAINT
Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as
“petitioner,” and files this administrative complaint against GJ UPTOWN ENTERPRISE INC 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:
GJ UPTOWN ENTERPRISE INC .
DIBJA UPTOWN 21
5941 RICHARD STREET
JACKSONVILLE, FL 32256
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.
104.727.5550 7880 Arlingion Exp.. #800 wa, lorie
904.727.85 Jacksonville FL 32211-7470 License Efficiantly, Regulate Fairly
May 12 2010 13:14
05/12/2018 12:27 8569221278 OGc PAGE 64/07
Florida Department?
Business’ 8 ® .
profess ‘al Chavtie Crtat, Gove
Regulation Charies W. Droge: Sooretary
PAGE 8
RE: CASE NUMBER 2009026902
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
VS.
GJ UPTOWN ENTERPRISE INC
D/B/A UPTOWN 21
LICENSE NUMBER BEV2609550
You, GJ UPTOWN ENTERPRISE INC, D/B/A UPTOWN 21, are charged with the following count(s):
1. On or about May 21, 2009, you, the aforementioned licensee, or your agent(s), officer(s),
servant(s), or employee(s), to wit: Jervard Priester, did unlawfully on your premises licensed under
the Beverage Law or elsewhere while in the scope of employment, possess for resale alcoholic
beverages, to wit: Nuvo, Hennessy, Crown Royal Vodka and Grey Goose Vodka purchased or
acquired in any manner from a Person or entity not licensed as a distributor under the Beverage
Law, this act being contrary to and in violation of section 561.14(3), within 561.29(1)(a), Florida
Statutes.
2. On or about May 21, 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: Alexander Car!
‘Mastrobattisto, did unlawfuily on your licensed premises or elsewhere while in the scope of
Vodka bottles with other Grey Goose Vodka bottles, this act being contrary to and in vidlation of
section 565.11, within 561.29(1)(a), Florida Statutes.
3. On or about May 21 , 2009, you, the aforementioned licensee, or your agent(s), officer(s),
servant(s), or employee(s), to wit: Jervard Priester, did fail to notify the division of a transfer of 10
percent or more of any financial interest, a change of executive officers or directors, or a divestiture
or resignation of such interest or position, in your business licensed under the Beverage Law, this
act being contrary to and in violation of section 561.17(3), within 561.29(1)(a), Florida Statutes.
4. On or about June10, 2009, you, the aforementioned licensee, holding a quota license under the -
Beverage Law, did unlawfully fail to maintain records of all monthly sales and of all monthly
purchases of alcoholic beverages and failed to produce such records for inspection by, Special
Agent Everett within 14 Gays of written request therefor, this act being contrary to and in violation of
saction 561.29(1)()), within 564 -29(1)(a), Florida Statutes.
5. On or about May 21, 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: Jervard Priester, did
unlawfully on your licensed Premises, fail to discontinue the sale of alcoholic beverages when the
service of full course meals had been discontinued, this act being contrary to and in violation of rule
61A-3.0141(3)(d), Florida Administrative Code. within 561.29(1)(a), Florida Statutes.
Signed this July 11, 2009
Debi Pender
Interim Director
Division of Alcoholic Beverages and Tobacco
904.727.5550 7960 Arlington Exp,, #600 daLicense.con
www,
Jacksonville FL 32211-7470 License Efficiantly. Regulate Fairly
May 12 2010 13:15
PAGE 05/87
Q5/12/2018 12:27 8509221278 OGC
Settlement
1.) We ask that in some instances ABT forgive us and issue wamings. And in others if ABT sees fit
to fine us, please do it for much fess than the numbers in the paperwork,
2.) NIA
a
g
:
4
s
4
ge.
:
a
33
2
Hl
g
3
s
o
é
Ff
g
[
gz
to comply and dot all our I’s and cross our T's,
4.) We do not want to make this an adverse matter but we by no means want to have our licenses
revoked!
5.) Again, we have tough economic times like the rest of the country, But if necessary we can poy
cost on a payment schedule,
6.) If necessary, we will forfeit our Product taken which we badly necd, to settle this stipulation.
Hopefully the product can replace the possibility of suspension of our license,
7.) We have no interest in any fees or anything regarding this matter. We want to settle and move
on. From this point forward we will comply and obey your rules,
8.) No. We totally disagree with any revocation, Revocation is not an option,
9.) Please understand that this stipulation wil! kill a smajl minority owned business that's
responsible for over 50 jobs in the community, ‘ .
10.) SEE PAPERWORK EVERYTHONG HAS BEEN CORRECTED.
MW) Corrective Actions
A) We have educated our employees- No more marrying bottles
B.) Food will always be sold and wo have & caterer contracted if there is ever a problem.
C.) We do not and will not purchase vendor to vendor.
D.) We now know the Jaws concerning changing of officers and we will never do that again
without your knowledge.
12.) N/A
May 12 2010 13:15
PAGE @6/87
85/12/2018 12:27 8589221278 oG@c
Non-Guideline Stipulation
RE: CASE NUMBER 2009026902 GJ UPTOWN ENTERPRISE INC, D/B/A UPTOWN 21,
LICENSE NUMBER BEV2609550 SERIES 4COP
! 1) No. Respondent qdmits that :
| yee with less than a month employment did marry two bottles of Grey Goose.
officer. Again we ask forgiveness because we would never go against the law with knowledge
of doing so. Please give us a warning for this matter or lessen the fine amount.
2.) Yes we are licensed as a vendor and our license number is BEV2609550 series 4cop.
Conclusions of Law
J.) Yes anst No.
A.) In the matters of change of officers and the marrying of bottles, those are facts, We had no
knowledge of the laws and ask for either warnings or lesser fines.
May 12 2010 13:15
@5/12/2818 12:27 85992212798 oGe PAGE 07/87
a Mra Tneripe Office of the Genora! Counse}
Bialida Dejartinents, . Hhael Roce, Chie ha y
usINess/A) ; Alcohol Beverages & Tobacco
ior . 1940 North Monroa Streat, Sulte
Professidfal : Tallahassee, FL 32399-2202
Regulation
Phone: 850.488.0062 « Fax: 850.488.5074
Charile Liem, interim Secretary Chartle Crist, Governor
April 12, 2010
Jervard Priester
5004 Princely Avenue
Jacksonville, Florida 32208
Subject: GJ Uptown Enterprise, Inc., d/b/a Uptown 21
Case No.: 2009-026902 .
Dear Mr. Priester:
Please find enclosed a Consent Order setting forth the terms and conditions we offer ag
settlement of this matter. Please review the document and contact my office if you have
any questions. If you find the Consent Order ‘acceptable, please have it signed and retum:
the original to my office. Please note that the matter is not settled until the Director has
accepted and signed the Consent Order.
IfT do not hear back from you. by the close of business on April 23, 2010, I will assume
that you arc no longer interested in Settling these matters, and the case will be sent to the
Division of Administrative Hearings for a formal hearing.
Please feel free to contact me at (850) 922-3050 with any questions you may have,
Sipcerely,
faakan ad WU awa
Assistant General Counsel
Alcoholic Beverages and Tobacco
Docket for Case No: 10-002828
Issue Date |
Proceedings |
Jul. 07, 2010 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Jul. 06, 2010 |
Unopposed Motion to Relinquish Jurisdiction filed.
|
Jun. 29, 2010 |
Undeliverable envelope returned from the Post Office.
|
Jun. 03, 2010 |
Order of Pre-hearing Instructions.
|
Jun. 03, 2010 |
Notice of Hearing by Video Teleconference (hearing set for July 15, 2010; 9:30 a.m.; Jacksonville and Tallahassee, FL).
|
Jun. 02, 2010 |
Petitioner's Amended Response to Initial Order filed.
|
Jun. 01, 2010 |
Petitioner's Response to Initial Order filed.
|
Jun. 01, 2010 |
Notice of Serving Petitioner's First Request for Admissions filed.
|
Jun. 01, 2010 |
Petitioner's First Request for Admissions filed.
|
Jun. 01, 2010 |
Petitioner's First Request for Production of Documents filed.
|
May 28, 2010 |
Notice of Service of Petitioner's Interrogatories filed.
|
May 25, 2010 |
Request for Hearing filed.
|
May 25, 2010 |
Initial Order.
|
May 12, 2010 |
Administrative Complaint filed.
|
May 12, 2010 |
Agency referral filed.
|