Nov 18 2010 9:09 11/18/2618 9:26 B589221276 oec ; PAGE 83/86 Bus iness70) Busines @ @ @ Professi jal Charla Crist, Governor Ragulation Charlie Liem, Interim Secratary PAGE 7 RE: CASE NUMBER 2009014020 . DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. FRATELLI PIZZA & BREW INC D/B/A FRATELLI PIZZA & BREW LICENSE NUMBER BEV680 1272 SERIES 2COP RESPONDENT ‘ ADMINISTRATIVE COMPLAINT Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as “petitioner,” and files this administrative complaint against FRATELLI PIZZA & BREW 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: FRATELLI PIZZA & BREW INC D/B/A FRATELLI PIZZA & BREW 1055 US 41 BYPASS VENICE, FL 34292 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. 239.344,0878 2295 Victoria Avenue www MiyFlordalicense,com ite 145 License Efficiently. Regulate Fairly. Fi. Myers FL 33901-3884 Nov 18 2010 9:10 11/18/2616 89:26 8589221278 OGG PAGE 84/86 Flerida Dapartmentd, Business) @ @ Professi i Charla Grist, Governor Regulation Charlie Liem, Interim Secretary PAGE 8 RE: CASE NUMBER 2009014020 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO FRATELLI PIZZA & BREW INC D/B/A FRATELLI PIZZA & BREW LICENSE NUMBER BEV6801272 You, FRATELLI PIZZA & BREW INC, D/B/A FRATELLI PIZZA & BREW, are charged with the following courit(s): 4. On or about 12/18/2009, you, the aforementioned licensee, holding a license under the Beverage Law, did fail to comply with a final order, issued on 10/27/2009, by failing to pay 4 civil penalty in accordance with monthly payment schedule , this act being contrary to and in violation of section 561,29(1)(k), within 561.29(1)(a), Florida Statutes. Signed this December 18, 2009 John R. Powell, Director Divisié6n of Alcoholic Beverages/ang, Tobacco wWDxo Li Sabrina Maxwell Law Enforcement Captain Explanation of Service: Date Served Received By. Personal Service By. Certified Mail # Attach Receipt if Served by Mail. 239.344.0878 2295 Victoria Avenue www MyFloridabicanse.com Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3864 Nov 18 2010 9:10 11/18/2818 89:26 8589221278 OGG PAGE 85/86 @ @ Fratelli Pizza & Brew maintains, and retains material evidence of the fact, thatlit complied fully with the “FINAL ORDER” “file# 2009-08365” dated “10/13/2009” and received by “certified mail#7006 2760 0007 4026 4135” mailed on “10/14/2009” by the Department of Business and Professional Regulation which is THE ONLY ORDER Fratelli Pizza & Brew has lawful knowledge of. Fratelli Pizza & Brew did not receive any proper and lawful notice in writing, as required by Jaw, of any materials or paper named “final order” issued on “10/27/2009” as claimed and proposed in the “ADMINISTRATIVE COMPLAINT” or any other information regarding the “FINAL ORDER” of 10/13/2009". Proof of service of the material or paper named “final order” allegedly issued on “10/27/2009” is the burden of the DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO. As written, the “ADMINISTRATIVE COMPLAINT” is flawed and inaccurate.

Docket for Case No: 10-010260