Florida Deparment @ 25) Business“) Professional Reg ulation Rick Scott, Governor Ken Lawson, Secretary PAGE 7 RE: CASE NUMBER 2011029345 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. HENNESEY ENTERTAINMENT INC D/B/A SMITTYS LAST RESORT LICENSE NUMBER BEV4606165 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 HENNESEY ENTERTAINMENT 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: HENNESEY ENTERTAINMENT INC D/B/A SMITTYS LAST RESORT 5646 MONTILLA DR FORT MYERS, FL 33919 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 civil penalties, 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. MyFloridalicense.com Suite 145 License Efficiently. Regutate Fairly. Ft, Myers FL 33901-3884 Filed April 23, 2012 11:48 AM Division of Administrative Hearings Florida Departments. © © Business) Professional wick Seok 6 PAGE 8 RE: CASE NUMBER 2011029345 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. HENNESEY ENTERTAINMENT INC D/B/A SMITTYS LAST RESORT LICENSE NUMBER BEV4606165 You, HENNESEY ENTERTAINMENT INC, D/B/A SMITTYS LAST RESORT, are charged with the following count(s): 4. On or about _08 / 24/ 2011 _, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit: Hennesey Entertainment, Inc., failed to submit to the Division of Alcoholic Beverages and Tobacco, a sworn application, before such person 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 _08 / 24/ 2011 , 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, to wit: Hennesey Entertainment, Inc., did unlawfully on your licensed premises, allow or permit the possession of alcoholic beverages, to wit: 2 — partial 1.5L bottles of Wolfschmidt Vodka, not authorized by law to be sold under your license, this act being contrary to and in violation of section 562.02, within 561.29(1)(a), Florida Statutes. Signed this September 28, 2011 Debi Pender, Acting Director Division/@f Alcoholic Beverages and Tobacco Law Enforcement Captain Explanation of Service: Date Served Received By. Personal Service By. Certified Mail # ee \ gt OBES YARNS ARCH RECeipt if Served by Mail 2296 Vitor favenue License ee ieniaLicense.com Ft. Myers FL 33901-3884

Docket for Case No: 12-001513