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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs VIZCAYA WINE IMPORTS, INC., D/B/A VIZCAYA WINE IMPORTS, INC., 16-001268 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-001268 Visitors: 18
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
Source:  Florida - Division of Administrative Hearings

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