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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs AVS OF USA, INC., D/B/A EXPRESS FOOD MART, 15-005041 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-005041 Visitors: 22
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: AVS OF USA, INC., D/B/A EXPRESS FOOD MART
Judges: D. R. ALEXANDER
Agency: Department of Business and Professional Regulation
Locations: Lakeland, Florida
Filed: Sep. 14, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 27, 2015.

Latest Update: Nov. 16, 2024
Florida Departmenta Business’ Prof oS bt ; Regulation ken Lawson, Sourelary PAGE 7 RE: CASE NUMBER 2015002688 . DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO “PETITIONER, VS. AVS OF USA INC D/B/A EXPRESS FOOD MART LICENSE NUMBER BEV6304677 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 AVS OF USA 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: AVS OF USA INC ; DIBIA EXPRESS FOOD MART 2727 THORNHILL RD AUBURNDALE, FL 33823 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. . 813,272,3257 1313 Tampa St. * www.MyFloridaLicense.com Park Trammel Bldg, #702 License Efficiently. Regulate Fairly. Tampa FL 33602 Florida Department Busines Professional . Regulation | | webb Ser PAGE 8 RE: CASE NUMBER 2015002688 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs. AVS OF USA INC D/B/A EXPRESS FOOD MART LICENSE NUMBER BEV6304677 You, AVS OF USA INC, D/B/A EXPRESS FOOD MART, are charged with the following count(s): 4. On or about 05/03/2013, you, the aforementioned licensee, holding a license to sell cigarettes, did fail to collect and remit the excise tax required by law to the Division of Alcoholic Beverages and Tobacco by no later than the 10th day of the month following the calendar month in which the taxes were incurred, to wit: the audit period 09/28/2010 — 06/14/2011, this act being contrary to and in violation of section 210.55(1)}, within 210.16, Florida Statutes. 2. On or about 05/03/2013, you, the aforementioned licensee, holding a license: to sell cigarettes, did fail, neglect, or refused to comply: with, or violated the provision of the rules promulgated by the Division, this act being contrary to and in violation of section 210.65, within 210.16, Florida Statutes. Signed this February 10, 2015 Thomas R. Philpot, Director Division of Aicgkolic Beverages and Tobacco Victor Neal Law Enforcement Captain Explanation of Service: Date Served Received By. Personal Service By. (sign) Personal Service By. (print) Service Location Certified Mail #__ *Aitach Receipt if Served by Mail. 813.272.3267 1313 Tampa St. vow. MyFloridaLicense.com Park Trammel Bidg, #702 License Efficiently. Regulate Fairly. Tampa FL 33602

Docket for Case No: 15-005041
Source:  Florida - Division of Administrative Hearings

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