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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs RICHMOND ENTERTAINMENT, INC., 15-003867 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-003867 Visitors: 100
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING
Respondent: RICHMOND ENTERTAINMENT, INC.
Judges: DIANE CLEAVINGER
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Jul. 09, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 26, 2015.

Latest Update: Dec. 23, 2024
FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA . CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATH ,.,. 3113/2014 Fite # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, Vv. Case No. 2014-029873 RICHMOND ENTERTAINMENT, INC., Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner”) files this Administrative Complaint against Richmond Entertainment, Inc. (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating pari-mutuel wagering pursuant to Chapter 550, Florida Statutes and cardrooms pursuant to Section 849.086, Florida Statutes. 2. At all times material hereto, Respondent held a Jai Alai par-mutuel permit, number 0000282-1000, and a cardroom license 0000282-1002, issued by the Division. 3. On or about December 18, 2013, Respondent applied for an Annual License to Operate. a Cardroom. This application indicated that Respondent would operate one table. 4. Section 849.086 (5) (d), Florida Statutes (2013), provides in relevant part “[t]he annual cardroom license fee for each facility shall be $1,000 for each table to be operated at the cardroom.” 5. Respondent paid the Division $1,000 in a check for the December 18, 2013 application. 6. On or about March 14, 2014, the Division issued Cardroom Operating License number CR282. for 2014-2015 to Respondent with a maximum of one card table. . 7. On or about June 11, 2014, Respondent submitted a Cardroom License Amendment Request to the Division in order to operate an additional two tables. 8. Respondent issued check 4566 to the Division for $2,000 for the June 9, 2014 Amendment request. 9. Check 4566 was returned due to “not sufficient funds.” 10. On July 28, 2014, Respondent was observed operating more than one card table. ll. Section 849.086(5), Florida Statutes (2013), states “{[n]o person may operate a cardroom in this state unless such person holds a valid cardroom, license issued pursuant to this section.” 12. Rule 61D-11.007(3), Florida Administrative Code, provides “[n]o license application, amendment to an application, or amendment to request additional cardroom tables shall be effective until the division has received . payment of cardroom table fees, inspected and approved the surveillance requirements for compliance with Rule 61D-11.025, Florida Administrative Code, and the division has issued a license or amended license to operate a cardroom.” 13. Respondent has violated Section 849.086 (5), Florida Statutes (2013), by operating more than one cardroom table when they only have a valid license to operate one table. WHEREFORE, Petitioner respectfully requests the Division enter an Order imposing a suspension or revocation of Respondent’ license or permit in accordance with Section 849.086(4) (d), Florida Statutes (2013). Signed this 13th day of August; 2014. By: KEN LAWSON, Secretary Department of Business and Professional Regulation on of Pari-Mutuel Wagering Florida Bar No. 91833 Department of Business and Professional Regulation 1940 N. Monroe Street, Ste. 40 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-1311 Facsimile Division of Pari-Mutuel Wagering Florida Bar No. 0083617 Department of Business and . Professional Regulation 1940 N. Monroe Street, Ste, 40 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-1311 Facsimile STATE OF FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS & ae PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, Case No. 2014-029873 Vv. RICHMOND ENTERTAINMENT, INC., Respondent, NOTICE OF RIGHTS In order to obtain an administrative hearing with respect to the “Administrative Complaint” served with this notice, you must, within 21 days of your receipt of the administrative com- plaint and this notice, file.a “petition or request for an administrative hearing with: Agency Clerk, Department of Busi- ness & Professional Regulation; 1940 North Monroe Street, Tallahassee, Florida 32399 {Email: OGCAgen- cyClerk@myfloridalicense.com}. In this regard, please be advised that pursuant to Rule 28- 106.2015(5), Florida Administrative Code (F.A.C.), all requests for hearing must, at a minimum, include: (a) The name, address, any e-mail address, telephone number, and facsimile number, if any, of the respond- ent, if the respondent is not represented by an attorney or qualified representative. (b) The name, address, - e-mail address, telephone number, and facsimile number of the attorney or quali- fied representative of the respondent, if any, upon whom service of pleadings and other papers shall he made. (c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (ad) A statement of when the respondent received no- tice of the administrative complaint. (e) A statement including the file number to the ad- ministrative complaint.-- : . If you timely file a petition or request for hearing and do not dispute the material facts in ‘the administrative complaint, you will be granted a hearing not involving disputed issues of material fact (an informal administrative hearing) pursuant to Section 120.57(2), Florida Statutes, before the agency’s desig- nated hearing officer. If you dispute the material facts in the administrative complaint, you must specifically identify those material facts which you dispute.

Docket for Case No: 15-003867
Issue Date Proceedings
Oct. 26, 2015 Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 22, 2015 Petitioners Unopposed Motion to Relinquish Jurisdiction filed.
Oct. 13, 2015 Petitioners Motion for Expedited Discovery Responses (filed in Case No. 15-003867).
Oct. 13, 2015 Petitioners Motion for Expedited Discovery Responses filed.
Aug. 20, 2015 Order of Pre-hearing Instructions.
Aug. 20, 2015 Notice of Hearing (hearing set for October 27, 2015; 9:30 a.m.; Tallahassee, FL).
Jul. 22, 2015 Notice of Transfer.
Jul. 22, 2015 Order of Consolidation (DOAH Case Nos. 15-3864 and 15-3867).
Jul. 17, 2015 Joint Response to Initial Order filed.
Jul. 15, 2015 Petitioner's Motion to Consolidate filed.
Jul. 10, 2015 Initial Order.
Jul. 09, 2015 Request for Formal Administrative Hearing filed.
Jul. 09, 2015 Administrative Complaint filed.
Jul. 09, 2015 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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