Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: VIZCAYA WINE IMPORTS, INC., D/B/A VIZCAYA WINE IMPORTS, INC.
Judges: CATHY M. SELLERS
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Mar. 07, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 14, 2016.
Latest Update: Dec. 23, 2024
Florida Departments
Busines
Professional wick Scot 6
Regulation ken Lawson, Secretary
PAGE 7
RE: CASE NUMBER 2015041327
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
PETITIONER,
VS.
VIZCAYA WINE IMPORTS INC
D/B/A VIZCAYA WINE IMPORTS INC
LICENSE NUMBER WSL1616762 SERIES JDBW
RESPONDENT
ADMINISTRATIVE COMPLAINT
Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as
“petitioner,” and files this administrative complaint against VIZCAYA WINE IMPORTS 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:
VIZCAYA WINE IMPORTS INC
D/B/A VIZCAYA WINE IMPORTS INC
2031 S.W. 70TH AVE, UNIT-S
#C-16
DAVIE, FL 33317
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,
Tel: 954.917.1346 5080 Coconut Creek Pkwy. www.MyFloridaLicense.com
Fax: 954.917.1357 Suite C License Efficiently. Regulate Fairly.
Margate FL 33063-3942 debra.nicoletti@myfloridalicense.com
Florida Department¢
Busines
Professioral
Regulation ken Lawson, Secrelary
PAGE 8
RE: CASE NUMBER 2015041327
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
VS.
VIZCAYA WINE IMPORTS INC
D/B/A VIZCAYA WINE IMPORTS INC
LICENSE NUMBER WSL1616762
You, VIZCAYA WINE IMPORTS INC, D/B/A VIZCAYA WINE IMPORTS INC, are charged with the
following count(s):
1.
On or about 09/18/2015, you, the aforementioned licensee, holding a license issued by the
Division of Alcoholic Beverages and Tobacco, or your agent(s), officer(s), servant(s), or
employee(s) or other person, to wit: Alfred Dauphin, did unlawfully on your licensed
premises, allow or permit the possession of alcoholic beverages, to wit: (11) Dzama Rum
bottles labeled 80/84 white, (7) Dzama Rum bottles labeled 801 Noire, (14) Dzama
bottles labeled 80 Blanche and (6) Dzama Rum bottles labeled 104, not authorized by
law to be sold under your license, this act being contrary to and in violation of section 562.02,
Florida Statutes, within section 561.29(1)(a), Florida Statutes.
2. On or about 11/10/2014, you, the aforementioned licensee, holding a license issued by the
Division of Alcoholic Beverages and Tobacco, or your agent(s), officer(s), servant(s), or
employee(s), to wit: Alfred Dauphin, did unlawfully on your licensed premises, sell
alcoholic beverages, to wit: 18 cases of Dzama Classique Cuvee Blanche, 18 cases
Dzama Classique Cuvee Norie, 13 cases Dzama Prestige Cuvee Norie, 60 cases Dzama
Prestige Cuvee Blanche, 7 cases Dzama Blance de Nosy-Be and 7 cases Rhum Dzama
Ambre De Nosy-Be, in any manner not permitted or authorized under your license, to wit:
licensee is only a JOBW license holder, this act being contrary to and in violation of
section 562.12(1), Florida Statutes, within section 561.29(1}(a), Florida Statutes.
Signed this December 4, 2015
Thomas R. Philpot, Director
Division of Alcoholic Beverages & Tobacco
as Puentes-Croye
Law Enforcement Captain
Tel: 954.917.1346 5080 Coconut Creek Pkwy. www, MyFloridaLicense.com
Fax: 954.917.1357 Suite C License Efficiently. Regulate Fairly.
Explanation of Service:
Margate Fl 33063-3942 debra.nicoletti@myfloridaticense.com
Florida Department
Busines
Professi
Regulation
Rick Scott, Governor
Ken Lawson, Secretary
Explanation.of Service:
Date Served
Received By
Personal Service By
Personal Service By
Service Location
Certified Mail #__7012 1010 0002 0923 2705
*Attach Receipt if Served by Mail.
Relum Recelpt Fes
(Endorsement Required)
Restricted Delivery Fea
(Endorsement Required)
D/B/A VIZCAYA WINE IMPORTS INC
nt 2031 SW. TOT AVE, UNIT-S 40-46
7O0L2 1010 OO02 0423 2705
anne
nuetionss
aE
oninist
Tel: 954.917.1346 5080 Coconut Creek Pkwy. www. MyFloridaLicense.com
Fax: 954.917.1357
Suite C License Efficiently. Regulate Fairly.
Margate FL 33063-3942 debra.nicaletti@myfloridalicense.com
Docket for Case No: 16-001268
Issue Date |
Proceedings |
Apr. 14, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Apr. 14, 2016 |
Petitioner's Motion to Relinquish Jurisdiction filed.
|
Mar. 21, 2016 |
Order of Pre-hearing Instructions.
|
Mar. 21, 2016 |
Notice of Hearing by Video Teleconference (hearing set for May 3, 2016; 10:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Mar. 16, 2016 |
Petitioner's Unilateral Response to Initial Order filed.
|
Mar. 07, 2016 |
Notice of Serving Petitioner's First Set of Admissions, Interrogatories and Request for Production filed.
|
Mar. 07, 2016 |
Initial Order.
|
Mar. 07, 2016 |
Request for Administrative Hearing, Election of Rights filed.
|
Mar. 07, 2016 |
Request for Hearing filed.
|
Mar. 07, 2016 |
Administrative Complaint filed.
|
Mar. 07, 2016 |
Agency referral filed.
|