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
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Florida Deparment’,
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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
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Florida Deparment
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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
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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
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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.
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Nov. 12, 2010 |
Petitiner's Amended Motion for Continuance filed.
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Nov. 10, 2010 |
Petitioner's Motion for Continuance filed.
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Oct. 15, 2010 |
Respondent's Notice of Filing Answers to Interrogatories.
|
Oct. 15, 2010 |
Respondent's Response to Request for Admissions filed.
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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.
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Jul. 15, 2010 |
Petitioner's First Request for Production of Documents filed.
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Jul. 15, 2010 |
Notice of Serving Petitioner's First Request for Admissions filed.
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Jul. 15, 2010 |
Petitioner's First Request for Admissions filed.
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Jul. 15, 2010 |
Notice of Service of Petitioner's Interrogatories filed.
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Jul. 09, 2010 |
Initial Order.
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Jul. 08, 2010 |
Request for Hearing filed.
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Jul. 08, 2010 |
Administrative Complaint filed.
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Jul. 08, 2010 |
Agency referral filed.
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