Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. DIVISION OF PARI-MUTUEL WAGERING
Respondent: MELBOURNE GREYHOUND PARK, LLC
Judges: W. DAVID WATKINS
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Mar. 16, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 16, 2016.
Latest Update: Feb. 22, 2025
FILED
Department of Business arid Professional Regulation
Deputy Agency Clerk
STATE OF FLORIDA CLERK Evette Lawson-Proctor
DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATI| pe 9/45/2016
DIVISION OF PARI-MUTUEL WAGERING File #
DEPARTMENT OF BUSINESS &
PROFESSIONAL REGULATION, DIVISION
OF PARI-MUTUEL WAGERING,
Petitioner, DBPR CASE NOo.: 2016-006452
Vv.
MELBOURNE GREYHOUND PARK, LLC.,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering
(“Petitioner”) files this Administrative Complaint against Melbourne Greyhound Park, LLC.,
(“Respondent”) and alleges the following:
1. Petitioner is the state agency charged with regulating pari-mutuel wagering pursuant
to Chapter 550, and Section 849.086, Florida Statutes (2015)’.
2. At all times material hereto, Respondent held a permit to conduct Pari-Mutuel
Wagering, number 176 issued by Petitioner, and operates a cardroom, license number 176-1002, also
issued by Petitioner.
3. According to Section 849.086(2)(c), Florida Statutes, a “Cardroom” is a “facility
where authorized games are played for money or anything of value...”
4. An “authorized game” is defined in 849.086(2)(a), Florida Statutes, as “a game or
series of games of poker or dominoes which are played in a nonbanking manner.”
' All references to the Florida Statutes or Florida Administrative Code made herein are made to the 2015 versions.
1
5. Additionally, according to 849.086(2)(b), Florida Statutes, a “banking game” is “a
game in which the house is a participant in the game, taking on players, paying winners, and
collecting from losers or in which the cardroom establishes a bank against which participants play.”
6. Section 849.086(12)(a), Florida Statutes, says “no person licensed to operate a
cardroom may conduct any banking game or any game not specifically authorized by [Section
849.086, Florida Statutes |.”
7. Additionally, according to Section 849.086(6)(c), Florida Statutes, “[n]o licensed
cardroom operator may employ or allow to work in a cardroom any person unless such person
holds a valid occupational license.”
COUNT 1
8. Paragraphs 1 through 6 of this Administrative Complaint are realleged and
incorporated fully herein.
9. On February 8, 2016, on table number 33 Respondent operated a banking game or a
game not specifically authorized by Section 849.086, Florida Statutes.
10. Based on the foregoing, Respondent violated Section 849.086(12)(a), Florida
Statutes, by operating a banking game or a game not specifically authorized by Section 849.086,
Florida Statutes.
COUNT 2
11. Paragraphs 1 through 6 of this Administrative Complaint are realleged and
incorporated fully herein.
12. On February 8, 2016, on table number 35 Respondent operated a banking game or a
game not specifically authorized by Section 849.086, Florida Statutes.
13. Based on the foregoing, Respondent violated Section 849.086(12)(a), Florida
Statutes, by operating a banking game or a game not specifically authorized by Section 849.086,
Florida Statutes.
COUNT 3
14. Paragraphs 1 through 6 of this Administrative Complaint are realleged and
incorporated fully herein.
15. On February 8, 2016, on table number 37 Respondent operated a banking game or a
game not specifically authorized by Section 849.086, Florida Statutes.
16. Based on the foregoing, Respondent violated Section 849.086(12)(a), Florida
Statutes, by operating a banking game or a game not specifically authorized by Section 849.086,
Florida Statutes.
COUNT 4
17. Paragraphs 1, 2, and 7 of this Administrative Complaint are realleged and
incorporated fully herein.
18. On February 8, 2016, Respondent allowed the person seated to the right of the
dealer at the corner of table 33 to work in Respondent’s cardroom.
19. On February 8, 2016, the person seated to the right of the dealer at the corner of
table 33 did not have a valid occupational license.
20. Based on the foregoing, Respondent violated Section 849.086(6)(c), Florida Statutes,
by allowing an unlicensed person to work in the cardroom.
COUNT 5
21. Paragraphs 1, 2, and 7 of this Administrative Complaint are realleged and
incorporated fully herein.
22. On February 8, 2016, Respondent allowed the person seated to the right of the
dealer at the corner of table 35 to work in Respondent’s cardroom.
23. On February 8, 2016, the person seated to the right of the dealer in the corner of
table 35 did not have a valid occupational license.
24. Based on the foregoing, Respondent violated Section 849.086(6)(c), Florida Statutes,
by allowing an unlicensed person to work in the cardroom.
COUNT 6
25. Paragraphs 1, 2, and 7 of this Administrative Complaint are realleged and
incorporated fully herein.
20. On February 8, 2016, Respondent allowed the person seated to the right of the
dealer at the corner of table 37 to work in Respondent’s cardroom.
27. On February 8, 2016, the person seated to the right of the dealer in the corner of
table 37 did not have a valid occupational license.
28. Based on the foregoing, Respondent violated Section 849.086(6)(c), Florida Statutes,
by allowing an unlicensed person to work in the cardroom.
WHEREFORE, Petitioner respectfully requests the Division enter a Final Order imposing
any and/or all penalties authorized by Section 550.0251 or 849.086, Florida Statutes, and/or any
other relief the Division is authorized to impose pursuant to Chapter 550, and 849, Florida Statutes,
and the rules promulgated thereunder.
[Space Intentionally Left Blank; Signature Page to Follow]
This Administrative Complaint in case number 2016-006452 is signed this 15th day of
February, 2016, by:
/s/ Louis Trombetta
LOUIS TROMBETTA
Florida Bar No. 0108119
Assistant General Counsel
Louis. Trombetta@MyFloridaLicense.com
/s/ Wiliam Hall
WILLIAM D. HALL
Chief Attorney
Florida Bar No. 67936
Ottice of the General Counsel
Division of Pari-Mutuel Wagering
Department of Business and
Professional Regulation
1940 N. Monroe Street, Ste. 40
‘Tallahassee, FL. 32399-2202
(850) 717-1768 Telephone
(850) 921-1311 Facsimile
Docket for Case No: 16-001509
Issue Date |
Proceedings |
Aug. 16, 2016 |
Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
|
May 11, 2016 |
Order Placing Case in Abeyance (parties to advise status by August 1, 2016).
|
May 11, 2016 |
Order of Consolidation (DOAH Case Nos. 16-1504, 16-1505, 16-1506, 16-1507, 16-1508, 16-1509).
|
May 05, 2016 |
Agreed Motion to Place Case in Abeyance filed.
|
Mar. 22, 2016 |
Response to Initial Order filed.
|
Mar. 16, 2016 |
Initial Order.
|
Mar. 16, 2016 |
Administrative Complaint filed.
|
Mar. 16, 2016 |
Amended Petition for Formal Administrative Hearing filed.
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Mar. 16, 2016 |
Agency referral filed.
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