Florida Departm:

Busines-p(VJ

Regulation

Professi0nal

Rick Scott, Governor

Charlie Liem, Secretaiy

PAGE 7

RE: CASE NUMBER 2010043637

DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER,

vs.

MGLS INC

D/B/A EL TORO LOCO

LICENSE NUMBER BEV6005758 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 MGLS 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 tfmes 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:

   
   

   MGLS INC

   D/8/A EL TORO LOCO

   2928 SOUTH MILITARY TRAIL WEST PALM BEACH, FL 33415

   
   

   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.

561.650.6840 111 S. Sapodilla Ave., #105

West Palm Beach FL 33401

www.MyFloridaLicense.com Ucense Efficiently. Regulate Fairly.

Filed January 27, 2012 4:58 PM Division of Administrative Hearings

Florida Departm ento· f

Busines Professi rral

Regulation Rfck Scott, Governor

Charlie Liem, Secretary

PAGE 8

RE: CASE NUMBER 2010043637

DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO

vs.

MGLS INC

D/B/A EL TORO LOCO

LICENSE NUMBER BEV6005758

You, MGLS INC, D/B/A EL TORO LOCO, are charged with the following count(s):

1. On or about 01/19/2011. you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit: Maria Genovese, failed to submit to the Division of Alcoholic Beverages and Tobacco, a sworn application, before such person, to wit: Anthony Genovese, who has a direct or indirect financial interest in the license, engaged in the business of manufacturing, bottling, distributing, selling, or in any way dealing in alcoholic beverages on your premises licensed under the Beverage Law, this act being contrary to and in violation of section 561.17(1), within 561.29(1)(a), Florida Statutes.

   
   

2. On or about 01/08/2009, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit: Maria Genovese, did unlawfully sign under oath or affirmation, and falsely swore to or affirmed a material statement, to wit: Failed to list an interest party, Anthony Genovese, due to having a felony conviction, on your application for a license, this act being contrary to and in violation of section 559.791, within 561.29(1)(a), Florida Statutes.

   
   

3. On or about 12/24/2010, you, the aforementioned licensee, holding a quota license under the Beverage Law, did unlawfully fail to maintain records of all monthly purchases of alcoholic beverages and failed to produce such records for inspection by, Special Agent Scarbrough, within 1O days of written request therefor, this act being contrary to and in violation of section 561.55 (3)(b), within 561.29(1)(a), Florida Statutes.

   
   

4. On or about 01/08/2009. you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), or other person(s) to wit: Maria Genovese and Anthony Genovese, did unlawfully on your licensed premises or elsewhere while in the scope of employment, conspire to violate the Beverage Law, FSS 561.15-Licensee Qualifications, and commited an act to effect the object of the conspiracy, to wit: Failing to disclose Anthony Genovese as being an interested Party in the business, knowing that Anthony Genovese could not be disclosed due to a felony conviction, this act being contrary to and in violation of section 562.23, within 561.29(1)(a), Florida Statutes.

561.650.6840 111 S.SapodillaAve.,#105

West Palm Beach FL 33401

www.MyFloridaUcense.com License Efficiently. Regulate Fairly.

Florida Departmentof

Regulation

Busine r;QJ Profess10nal

Rick Scott, Governor

Charlie Liem, Secretary

Signed this February 14, 2011

John R. Powell, Director

Division of Alcoholic Beverages and Tobacco

Explanation of Service:

Priscilla Turner

Law Enforcement Captain

Date Served,                                                      _

Received By                                                     _ Personal

Service By                                                        _

Certified Mail#                                          _ Attach Receipt if Served by Mail.

561.650.6840 111 S. Sapodilla Ave., #105

West Palm Beach FL 33401

www.MyFloridaLicense.com License Efficiently. Regulate Fairly.

Docket for Case No: 12-000430