Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: MALKEE CORPORATION, D/B/A EL RANCHO MARKET
Judges: ERROL H. POWELL
Agency: Department of Business and Professional Regulation
Locations: Fort Pierce, Florida
Filed: Sep. 13, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 18, 2012.
Latest Update: Dec. 23, 2024
Bus inessA)
Protester
Professional mick Scot, Governor
Regulation Ken Lawson, Secretary
PAGE 7
RE: CASE NUMBER 2010060077
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
PETITIONER,
VS.
MALKEE CORPORATION
D/B/A EL RANCHO MARKET
LICENSE NUMBER BEV5700387 SERIES 2APS
RESPONDENT
ADMINISTRATIVE COMPLAINT
Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as
“petitioner,” and files this administrative complaint against MALKEE CORPORATION 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:
MALKEE CORPORATION
D/B/A EL RANCHO MARKET
625 NE PARK STREET
OKEECHOBEE, FL 34972
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.
772.468.3927 337 N US Highway #1 www. MyFloridaLicense.com
Suite 111 License Efficiently, Regulate Fairly.
Ft. Pierce FL 34950-4255
Florida Department
Busines
Professional wick 8 ;
Regulation ken Lauon, Secretary
PAGE 8
RE: CASE NUMBER 2010060077
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
VS.
MALKEE CORPORATION
D/B/A EL RANCHO MARKET
LICENSE NUMBER BEV5700387
You, MALKEE CORPORATION, D/B/A EL RANCHO MARKET, are charged with the following
count(s):
1. On or about 12/06/2010, you, the aformentioned licensee, holding a license under the
Beverage Law, did have in your possession for the purpose of resale prescription
drugs, to wit: Agin, Prodolina, Tetrex, Terramicina, Barmacil, Quadriderm NF,
Pentrexyl, Viagra, Flagyl, Neo Melubrina, Estromaquil, Bedoyecta Tri, Canestren V,
Canestren, Amoxil, Bisolven, Benzetacil, Respicil which require a pharmecuetical
license to dispense in violation of Florida State Statue 465.015 (2) (b)., within 561.29.
(1) (a).
2. On or about 12/06/2010, you, the aformentioned licensee, holding a license under the
Beverage Law, did have in you possession for the purpose of resale counterfiet items,
ie; fifty-five (55) pairs of Nike shoes, in violation of section 831.032, within 561.29 (1)
(a).
Signed this March 6, 2012
For ALLEN DOUGLAS, Director
Division of Alcoholic Beverages and Tobacco
Lieytenant Kent@tanton
Explanation of Service:
Date Served
Received By.
Personal
Service By.
‘Certified Mail #
Attach Receipt if Served by Mail.
172.468,3927 337 NUS Highway #1 www.MyFloridaLicense.com
Suite 111 License Efficiently. Regulate Fairly.
Ft. Pierce Fl. 34950-4255
Docket for Case No: 12-002954
Issue Date |
Proceedings |
Oct. 18, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Oct. 18, 2012 |
Unopposed Motion to Relinquish Jurisdiction filed.
|
Oct. 04, 2012 |
Order of Pre-hearing Instructions.
|
Oct. 04, 2012 |
Notice of Hearing (hearing set for November 27, 2012; 9:00 a.m.; Fort Pierce, FL).
|
Sep. 20, 2012 |
Joint Response to the Initial Order filed.
|
Sep. 17, 2012 |
Notice of Petitioner's First Request for Admissions filed.
|
Sep. 17, 2012 |
Notice of Petitioner's First Set of Interrogatories filed.
|
Sep. 17, 2012 |
Notice of Petitioner's First Request for Production filed.
|
Sep. 13, 2012 |
Initial Order.
|
Sep. 13, 2012 |
Administrative Complaint filed.
|
Sep. 13, 2012 |
Amended Administrative Complaint filed.
|
Sep. 13, 2012 |
Agency referral filed.
|
Sep. 13, 2012 |
Request for Hearing filed.
|