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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs LILI'S CAFETERIA, INC., D/B/A LILI'S CAFETERIA, 10-004975 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-004975 Visitors: 86
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: LILI'S CAFETERIA, INC., D/B/A LILI'S CAFETERIA
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jul. 08, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 21, 2011.

Latest Update: Dec. 24, 2024
a7/@e/2616 14:69 8589221278 OGG PAGE Jul & 2010 14:56 eo @ | Florida Deparment’, Business) Professional oo Regulation cnn St Se PAGE 7 ' RE: CASE NUMBER 2009052355 i DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO \ PETITIONER, : vs. LIL?S CAFETERIA INC D/B/A LILI'S CAFETERIA LICENSE NUMBER BEV2312035 SERIES 2COP RESPONDENT Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as “petitioner,” and files this administrative complaint against LIL('S CAFETERIA INC herein after H referred to as “respondent,” and alleges: oe 1. 305.470.8783 ADMINISTRATIVE COMPLAINT Petitioner is the state agency charged with supervising businesses licensed under the} Florida beverage, tobacco and tax, and tobacco products permit laws pursuant td 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 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: LILI'S CAFETERIA ING i DIB/A LILI'S CAFETERIA ‘ ; 10730 SW 60 ST ' MIAMI, FL 33173 fi ‘ | \ 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 i 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 conduct. 8240 NW 52 Terrace, Sulte #303 www MvFloridaLicense.com Doral Fl. 33166 License Efficiantly, Reguiate Falny, So = 3/87 Jul & 2010 14:56 a7/a@e/28le ld:ag 8589221278 OGG PAGE © @ Florida Deparment Business ©) Professioryal Regulation Chante Linn tern sacl PAGE 8 RE: CASE NUMBER 2009052355 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. LIL'S CAFETERIA INC i D/B/A LILI'S CAFETERIA ' LICENSE NUMBER BEV2312035 You, LILI'G CAFETERIA ING, D/BYA LILI'S CAFETERIA, are charged with the following count(s): 1, On or about 08/22/09, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), {I or employee(s), to wit: (Liliana Barrera), did unlawfully on your premises licensed under the H Beverage Law, fail to maintain and keep for a period of 3 years, to wit: (Failed to produce past (6) months requested on 08/22/09 per Official Notice)such records of all purchases and other t acquisitions of alcoholic beverages, this act being contrary to and in violation of section 561,55(3), (b), within 561.29(1)(a), Florida Statutes. ; 9. On or about 08/22/09, you, the aforementioned licensee, or your agent(s), officer(s), servarit(s), or employee(s), to wit; (Liliana Barrera), did unlawfully on your premises licensed under the Beverage Law, fail to maintain and keep for a period of 3 years at the place of business where any transaction takes place, such records of cigarettes received, sold, or delivered within the state as may be required by the division, this act being contrary to and in violation of section 210.09(3), within 561.29(1)(a), Florida Statutes. ; i 3. On or about 08/22/09, you, the aforementioned licensee, holding a vendor license under the qi Beverage Law, did fail to display your license in a conspicuous place on the licensed premises, this |; act being contrary to and in violation of section 561.23(2), within 561.29(1)(a), Florida Statutes. Ik 4. On or about 08/22/09, you, the aforementioned licensee, holding a Retail Tobacco Product Dealer Permit, did fail to display your license in a conspicuous place on the licensed premises, this act being contrary to and in violation of section 569.003(1)(a), within 561.29(1){a), Florida Statutes. 5, On or about 09/19/09, you, the aforementioned licensee, holding a license under the Beverage Law, did unlawful allow or permit or maintain a nuisance, to,wit (Declared to be a nuisance, bya Miami — Dade County Nuisance Abatement Board), on your licensed premises, this act being contrary to and In violation of section 561.29(1)(¢), within 561.29(1)a), Florida Statutes. 6. On or about 08/22/09, you, the aforementioned licensee, holding a license under the Beverage Law, did fail to comply with (Consent Order Stipulations), issued on (03/13/09), by failing to (Prevent staff from soliciting patrons, only sell alcoho! at the time of serving meals, check ID's of youthful appearing patrons before selling alcohol and provide and produce records when asked in a timely manner), this act baing contrary to and in violation of section 561.29(1)(k), within 561.29(1)(a), | Florida Statutes, 8240 NW 52 Terrace, Suite #303 305.470.6783 wow, MyFlorida Licante,com Doral FL. 33166 Liconse Efficiently, Regulate Fafrl ad/ay Jul 8 2010 14:57 a7/a@e/28le ld:ag 8589221278 OGG PAGE 85/87 © , @ Florda Deparment, : Busines¢/ Professiorial Regulation cra om Set 7. On or about 08/22/09, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servani(s), or employea(s), to wit (Gidea Garcia), did unlawfully on your licensed premises, permit or allow a person, to wit: (Gary Posada and Mario Aguilar), under 21 years of age, to consume alecholic beverages, to wit: (alcoholic beverages), this act being contrary to and in violation of section 562.11(1)(a), within 561.29(1)(a), Florida Statutes, 8. On or about 08/22/09, you, the aforementioned licensee, holding a vendor license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit; (Liliana Barrera), did unlawfully on your licensed premises, employ (Juan Peralta) as a (Night Manager), such person being disqualified to hold such position as a result of (Probation 04/28/09 ~ 10/28/09 for sales of alcoholic beverages to persons under age 211 and violation of said probation on 10/01/09), this act jf being contrary to and in violation of to section 562.13(3Xa), within 561.29(1)(a), Florida Statutes. 9. On or about 08/22/09, you, the aforementioned licensee, holding a license under the Beverage =|, Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: (Liliana Barrera and Juan te Peralta), did unlawfully on your licensed premises, knowingly permit a person, to wit: (Lillana y Barrera,Maria Jose Ruiz, Gidea E. Garcia, Yainet Sanchez, Yesneisy Valdes, Teresa Bolanos, Magali Reyes Ruiz, Sira Paima Orellana and Morena Lopez), to loiter in or about the licensed premises for the purpose of begging or soliciting patron(s), customer(s), or visitor(s), in such premises to purchase alcoholic beverages, this act being contrary to and in violation of section 562,131(2), within 561.29(1)(a), Florida Statutes. 305.470.6783 £240 NW 52 Terrace, Sulte #203 sguqutPlridal eons Hom Doral FL 33166 License Efficiently, Reguiate Fairly. Jul 8 2010 14:57 a7/a@e/28le ld:ag 8589221278 OGG PAGE 86/a7 @ @ Florida Departments Busines¢) Profassioral _ Reg u lation Charlie reat gooey t Signed this March 9, 2009 John R. Powell, Director i Division of Alcoholic Beverages and Tobacco F mee Priscilla Turner Law Enforcement Captain Explanation of Service: Date Served . H Received By Personal Service By. Certified Mail # i Attach Receipt if Served by Mail 8240 NW 52 Terrace, Sulte #303 www, MyFlorida icense, com Boral FL 32466 Linance Effictently, Regulate Falri 305.470.6789 ;

Docket for Case No: 10-004975
Issue Date Proceedings
Jul. 06, 2011 Notice of Unavailability filed.
Apr. 21, 2011 Order Closing File. CASE CLOSED.
Apr. 21, 2011 Unopposed Motion to Relinquish Jurisdiction filed.
Mar. 11, 2011 Repeat/Supplemental Response to Petitioner's Request for Production of Documents filed.
Feb. 07, 2011 Order Re-scheduling Hearing (hearing set for April 28 and 29, 2011; 9:00 a.m.; Miami, FL).
Feb. 04, 2011 Petitioner's Response to Initial Order filed.
Jan. 24, 2011 Order Granting Continuance (parties to advise status by February 3, 2011).
Jan. 19, 2011 Emergency Petition to Cancel/Postpone Final Hearing filed.
Dec. 09, 2010 Emergency Re-Notice of Extension of Unavailbility Due to Medical Emergency and General Notice of Unavailability due to Holiday Family Vacation and Seminars (medical information, not available for viewing).
Dec. 07, 2010 Order Granting Continuance and Re-scheduling Hearing (hearing set for January 28, 2011; 9:00 a.m.; Miami, FL).
Nov. 30, 2010 Respondent's Notice of Availability for Administrative Court Hearing/Trial filed.
Nov. 24, 2010 Emergency Notice of Unavailbbility Medically and Physically Unable to Attend Due to Emergency Eye Surgrey, Rehabilitation filed.
Nov. 22, 2010 Respondent's Motion of Joinder and Non-Objection to Petitioner's Motion for Continuance filed.
Nov. 12, 2010 Petitiner's Amended Motion for Continuance filed.
Nov. 10, 2010 Petitioner's Motion for Continuance filed.
Oct. 15, 2010 Respondent's Notice of Filing Answers to Interrogatories.
Oct. 15, 2010 Respondent's Response to Request for Admissions filed.
Oct. 15, 2010 Response to Petitioner's Request for Production of Documents filed.
Sep. 20, 2010 Order of Pre-hearing Instructions.
Sep. 20, 2010 Notice of Hearing (hearing set for November 18 and 19, 2010; 9:00 a.m.; Miami, FL).
Sep. 17, 2010 Joint Amended Response to Initial Order filed.
Aug. 05, 2010 Order Placing Case in Abeyance (parties to advise status by September 13, 2010).
Aug. 04, 2010 Petitioner's Response to Respondent's Emergency Notice of Unavailability filed.
Aug. 02, 2010 Emergency Notice of Unavailability Due to Medical Surgery and Rehabilitation filed.
Jul. 16, 2010 Petitioner's Response to Initial Order filed.
Jul. 16, 2010 Order Granting Extension of Time (Initial Order to be filed by August 13, 2010).
Jul. 16, 2010 Emergency Motion for Extension of Time (exhibits not available for viewing) filed.
Jul. 15, 2010 Emergency Motion for Extension of Time to Comply with Deadlines Listed in Court Order dated July 9, 2010 filed.
Jul. 15, 2010 Notice of Unavailabilty Due to Medical Surgery filed.
Jul. 15, 2010 Petitioner's First Request for Production of Documents filed.
Jul. 15, 2010 Notice of Serving Petitioner's First Request for Admissions filed.
Jul. 15, 2010 Petitioner's First Request for Admissions filed.
Jul. 15, 2010 Notice of Service of Petitioner's Interrogatories filed.
Jul. 09, 2010 Initial Order.
Jul. 08, 2010 Request for Hearing filed.
Jul. 08, 2010 Administrative Complaint filed.
Jul. 08, 2010 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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