Florida Departmenty, Business) 8 © Professional Regulation Rick Scott, Governor Ken Lawson, Secretary PAGE 7 RE: CASE NUMBER 2011021264 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. PORT OF ISLANDS HOTEL & RESORT NAPLES LLC D/B/A PORT OF ISLAND HOTEL & RESORT LICENSE NUMBER BEV2104190 SERIES 4COP RESPONDENT ADMINISTRATIVE COMPLAINT Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as "netitioner,” and files this administrative complaint against PORT OF ISLANDS HOTEL & RESORT NAPLES LLC 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. 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 Aicoholic Beverages and Tobacco. Respondent’s last known mailing address is as follows: PORT OF ISLANDS HOTEL & RESORT NAPLES LLC D/B/A PORT OF ISLAND HOTEL & RESORT 1158 PEREGRINE WAY WESTON, FL 33327 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. 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. 239.344.0876 2295 Victoria Avenue www. MyFloridaLicense.com Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884 Filed February 7, 2012 3:13 PM Division of Administrative Hearings Rick Scott, Governor Reg ulation Ken Lawson, Secretary PAGE 8 RE: CASE NUMBER 2011021264 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. PORT OF ISLANDS HOTEL & RESORT NAPLES LLC D/B/A PORT OF ISLAND HOTEL & RESORT LICENSE NUMBER BEV2104190 You, PORT OF ISLANDS HOTEL & RESORT NAPLES LLC, D/B/A PORT OF ISLAND HOTEL & RESORT, are charged with the following count(s): 1. On or about 5/2/2011, you, the aforementioned licensee, holding a license under the Beverage Law, did fail to maintain the minimum number of not fewer than 100 rental transient guest rooms as required to qualify for your license, this act being contrary to and in violation of section 561.20(2)(a)1, within 561.29(1)(a), Florida Statutes. 2. On or about 5/2/2011, 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, N. Petowsky within 10 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. Signed this May 2, 20114 John R. Powell, Director Division of Alcoholic Beveraggs and Tobacggo abrina Maxwell Law Enforcement Capfain Explanation of Service: Date Served Received By. Personal Service By. Certified Mail # ACCA FO COOLEY TISSANS Attach Receipt if Served by Mail. 239,344,0878 2295 Victoria Avenue . , www, MyFloridaLicense.com Suite 145 License Efficiently. Reguiate Fairly. Ft. Myers FL 33901-3884

Docket for Case No: 12-000518