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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs SWEET H20, INC., D/B/A HIGH OCTANE SALOON SALES AND SERVICE, 15-005661 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-005661 Visitors: 30
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: SWEET H20, INC., D/B/A HIGH OCTANE SALOON SALES AND SERVICE
Judges: E. GARY EARLY
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Oct. 12, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 14, 2016.

Latest Update: Dec. 24, 2024
Floxida Departments Businesg4> Professional : mick Soot, Gov Regulation Ken Lawson, Secretary PAGE 7 RE: CASE NUMBER 2013037059 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. SWEET H20 INC D/B/A HIGH OCTANE SALOON SALES & SERVICE LICENSE NUMBER BEV1900603 SERIES 4COP RESPONDENT ADMINISTRATIVE COMPLAINT Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as “petitioner,” and files this administrative complaint against SWEET H20 INC herein after referred to as "respondent,” and alleges: 1. Petitioner is the staté 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, 564.29, 561.501, 210.15, 210, 18, 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 Aicoholic Beverages and Tobacco. Respondent's last known mailing address is as follows:. SWEET H20 INC D/B/A HIGH OCTANE SALOON SALES & SERVICE 1590 S. SUNCOAST BLVD HOMOSASSA, FL 34448 And the division has nat 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. 352.333.2515 240 NW. 76th Or., Suite B ‘ www.MyFloridaLicense. Gainesville FL. 32607 : License Efficiently, Regulate Falrly. Floris Departmenty, Business) Professional Regulation ret Set, Soren PAGE 8 RE: CASE NUMBER 2013037059 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. SWEET H20 INC D/B/A HIGH OCTANE SALOON SALES & SERVICE LICENSE NUMBER BEV1800603 You, SWEET H20 INC, D/B/A HIGH OCTANE SALOON SALES & SERVICE, are charged with the following count(s): 14. On or about March 6, 2014, you, the aforementioned licensee, holdirig a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: Douglas Doty, did unlawtully on your licensed premises, did then and there unlawfully keep a gambling room, to wit: the defendant owns 1590 S. Suncoast Blvd, Homosassa, Citrus County Florida, to house gambling implements, which you have charge and-control, management over and did allow person(s) to play for money, this act being contrary to and in violation of section 849.01, within 561.29(1)(a), Florida Statutes. 2, On or about December 10, 2013, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: Douglas Daty, did unlawfully on your licensed premises possess machine(s) or device(s) or system or network of devices that is adapted in such a way that, upon activation, which may be achieved by, but is not limited to, the insertion of any piece of money, coin, account number, code; or other object or information, such device or system indirectly or indirectly caused to operate or may be operated and if the user, whether by application of skill or by reason of any element of chance or any other outcome unpredictable by the user, may receive or become entitled to receive any piece of money, cradit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or otherwise, which may be exchangéd for any money, credit, allowance, or thing of value or which may be given in trade, this act being contrary to and in violation of section 849.16, within 561.29(1){a), Florida Statutes. : 3. On or about January 9, 2014, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: Douglas Doty, did unlawfully on your licensed premises possess machine(s) or device(s) ar system or network of devices that is adapted in such a way that, upon activation, which may be achieved by, but is not limited to, the insertion of any piece of money, coin, account number, code, or other object or information, such device or system indirectly or indirectly caused to operate or may be operated and if the user, whether by application of skill or by reason of any element of chance or any other outcome unpredictable by the user, may receive or become entitled to receive any piece of money, credit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance, or thing of value or which may be given in trade, this act being contrary to and in violation of section 849.16, within §61.29(1)(a), Florida Statutes. 352.333.2515 240 NW. 76th Dr., Suite B www. MyFloridalt www. MyFlorida License.com Gainesville FL 32607 License Efficiently. Regulate Fairly. Florida Departmer 1 Business, Professioftal ; fick Sco. 6 Regulation Ken Lawson, Secretary 4. On or about February 17, 2074, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer{s), servant(s), or employee(s), to wit: Douglas Doty, did unlawtully on your licensed premises possess machine(s) or device(s) or systém or network of devices that is adapted in such a way that, upon activation, which may be achieved by, but is not limited to, the insertion of any piece of money, coin, account number, code, or other object or information, such device.or system indirectly or indirectly caused to operate or may be operated and if the user, whether by application of skill or by reason of any element of chance or any other outcome unpredictable by the. user, may receive or become entitled to receive any piece of money, credit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or’ otherwise, which may be exchanged. for any money, credit, allowance, or thing of value or which may be. given in trade, this act being contrary to and in violation of section 849.16, within 561,29(1)(a), Florida Statutes. 5. On or about February 25, 2014, you, the aforementioned licensee, holding a license under the Beverage Law, or your agents), officer(s), servant(s), or employee(s), to wit: Douglas Doty, did unlawlully on your licensed premises possess machine(s) or device(s) or system or network of devices that is adapted in such a way that, upon activation, which may be achieved by, but is not limited to, the insertion of any piece of money, coin, account number, code, or other object or information, such device or system indirectly or indirectly caused to operate or may be operated and if the user, whether by application of skill or by reason of any element of chance or any other outcome unpredictable by the user, may receive or become entitled to receive any piece of money, credit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or otherwise, which may be exchariged for any money, credit, allowance, or thing of value ar which may be given in trade, this act being contrary to and in-violation of section 849.16, within 561.29(1)a), Florida Statutes. 6. On or about February 28, 2014, you; the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: Douglas Doty, did unlawfully on your licensed premises possess machine(s) or device(s) or system or network of devices that is adapted in such a way that, upon activation, which may be achieved by, but is not limited to, the insertion of any piece of money, coin, account number, code, or other object or information, such device or system indirectly or indirectly caused to operate or may be operated and if the user, whether by application of skill or by reason of any element of chance or any other outcome unpredictable by the user, may receive or become entitled to receive any piece of money, credit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance, or thing of value or which may be given in trade, this act being contrary to and in violation of section 849.16, within 561.29(1)(a), Florida Statutes. 352.333.2515 240 NW. 76th Dr., Suite B www. MyFloridaLicense.com Gainesville FL 32607 License Efficiently. Regulate Fairly. Florida Departments? BusinesgA) Professiorral - nitance Regulation : we hiek Seott, Governor Signed this May 21, 2014 William N. Spicola, Director : i Division of Alcoholic Beverages and Tobacco : LAWRENCE HAYES Law Enforcement Captain Explanation of Service: Date Served Received By. Personal Service By. (print) Service Location Certified Mail #___ *Attach Receipt if Served by Mall. | | 1 i | | Personal Service By (sign) . i i t i t H { 4 i ; | | 352.393,2515 240 N.W. 76th Dr., Suite B www. MyFloridalcense.cor i Gainesville FL 32607 License Efficiently. Regulate Fairly. i ( if

Docket for Case No: 15-005661
Issue Date Proceedings
Jan. 14, 2016 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Jan. 13, 2016 Petitioner's Amended Motion to Relinquish Jurisdiction filed.
Jan. 13, 2016 Petitioner's Unopposed Motion to Relinquish Jurisdiction filed.
Jan. 12, 2016 Order Re-scheduling Hearing (hearing set for January 27, 2016; 9:30 a.m.; Tallahassee, FL).
Jan. 08, 2016 Motion to Set Cause for Final Hearing filed.
Dec. 14, 2015 Notice of Appearance (Jason Borntreger) filed.
Nov. 23, 2015 Order Continuing Final Hearing (parties to advise status by December 14, 2015).
Nov. 23, 2015 Letter to Judge Early from Kevin Dixon regarding settlement filed.
Oct. 22, 2015 Notice Unavailability (of counsel for Petitioner) filed.
Oct. 22, 2015 Notice of Unavailability (of counsel for Respondent) filed.
Oct. 21, 2015 Order of Pre-hearing Instructions.
Oct. 21, 2015 Notice of Hearing (hearing set for December 1 and 2, 2015; 9:00 a.m.; Tallahassee, FL).
Oct. 20, 2015 Joint Response to Initial Order filed.
Oct. 14, 2015 Notice of Transfer.
Oct. 13, 2015 Initial Order.
Oct. 12, 2015 Explanation of Rights filed.
Oct. 12, 2015 Letter to Sweet Home H20 Inc. from Lawrence Hayes regarding pursuing legal action against your license filed.
Oct. 12, 2015 Stipulation (Settlement Agreement) filed.
Oct. 12, 2015 Administrative Complaint filed.
Oct. 12, 2015 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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