Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: BOTTLES OF NAPLES, LLC, D/B/A BOTTLES OF NAPLES
Judges: LINZIE F. BOGAN
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Jul. 25, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 15, 2016.
Latest Update: Jan. 03, 2025
Florida Departmentof @ ©
Busines
Professi
Regulation
PAGE 7
Rick Scott, Governor
Ken Lawson, Secretary
RE: CASE NUMBER 2014017795
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
PETITIONER,
VS.
BOTTLES OF NAPLES LLC
D/B/A BOTTLES OF NAPLES
LICENSE NUMBER BEV2100849 SERIES 3PS
RESPONDENT
ADMINISTRATIVE COMPLAINT
Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as
“petitioner,” and files this administrative complaint against BOTTLES OF NAPLES LLC herein after
referred to as “respondent,” and alleges:
1.
239.344.0878
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.
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:
BOTTLES OF NAPLES LLC
D/B/A BOTTLES OF NAPLES
660 8TH STREET NORTH
SUITE 205
NAPLES, FL 34102
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.
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.
2295 Victoria Avenue www. MyF loridaLicense.com
Suite 145 License Efficiently. Regulate Fairly.
Ft. Myers FL 33901-3884
Florida Departments? @ ©
Busines
Professional
Regulation ken Lawson: Secretary
PAGE 8
RE: CASE NUMBER 2014017795
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
VS.
BOTTLES OF NAPLES LLC
D/B/A BOTTLES OF NAPLES
LICENSE NUMBER BEV2100849
You, BOTTLES OF NAPLES LLC, D/B/A BOTTLES OF NAPLES, are charged with the following
count(s):
1. On or about 6/6/2014, you, the aforementioned licensee, holding a license, issued or transferred
after September 30, 1988, under the Beverage Law, did fail to maintain the licensed premises in an
active manner in which the licensed premises was open for business to the public for the bona fide
retail sale of authorized alcoholic beverages during regular and reasonable business hours for at
least 8 hours a day for a period of 210 days or more during any 12-month period commencing 6
months after the acquisition of the license, this act being contrary to and in violation of section
561.29(1)(i), within 561.29(1)(a), Florida Statutes.
Signed this June 6, 2014
William N. Spicola, Director
Division of Alcoholic Beverages and Tobacco
Law Enforcement Captain
Explanation of Service:
Date Served
Received By
Personal Service By (sign)
Personal Service By (print)
Service Location
Certified Mail # OA\ ANAOSAOBYS B03
*Attach Receipt if Served by Mail.
239.344.0878 2295 Victoria Avenue www.MyFloridaLicense.com
Suite 145 License Efficiently. Regulate Fairly.
Ft. Myers FL 33901-3884
Docket for Case No: 16-004200
Issue Date |
Proceedings |
Nov. 15, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Nov. 09, 2016 |
Petitioner's Second Motion to Compel Discovery or to Deem Facts Admitted and Relinquish Jurisdiction filed.
|
Oct. 03, 2016 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for December 6, 2016; 9:00 a.m.; Tallahassee, FL; amended as to ).
|
Oct. 03, 2016 |
Notice of Serving Petitioner's First Set of Interrogatories, First Request for Production and First Request for Admissions to Respondent's Address Address on File with the State of Florida, Division of Corporations filed.
|
Sep. 28, 2016 |
Notice of Case Management Conference (Case Management Conference hearing set for October 3, 2016; 10:00 a.m.; Tallahassee, FL).
|
Sep. 08, 2016 |
Notice of Hearing (hearing set for October 12, 2016; 9:00 a.m.; Tallahassee, FL).
|
Sep. 08, 2016 |
Order of Pre-hearing Instructions.
|
Sep. 07, 2016 |
Petitioner's Motion to Compel Discovery or Deem Facts Admitted and Relinquish Jurisdiction filed.
|
Aug. 30, 2016 |
Undeliverable envelope returned from the Post Office.
|
Aug. 23, 2016 |
Undeliverable envelope returned from the Post Office.
|
Aug. 22, 2016 |
Undeliverable envelope returned from the Post Office.
|
Aug. 22, 2016 |
Petitioner's Response to Initial Order Filed August 17, 2016 and Order Re-Opening File filed.
|
Aug. 17, 2016 |
Initial Order.
|
Aug. 12, 2016 |
Petitioner's Response to Order Re-opening File filed.
|
Aug. 12, 2016 |
Order Reopening File. CASE REOPENED.
|
Aug. 11, 2016 |
Undeliverable envelope returned from the Post Office.
|
Aug. 10, 2016 |
Petitioner's Motion for Reconsideration filed.
|
Aug. 09, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Aug. 08, 2016 |
Undeliverable envelope returned from the Post Office.
|
Aug. 03, 2016 |
Petitioner's Motion for Continuance filed.
|
Aug. 03, 2016 |
Order of Pre-hearing Instructions.
|
Aug. 03, 2016 |
Notice of Hearing (hearing set for September 9, 2016; 9:00 a.m.; Tallahassee, FL).
|
Aug. 02, 2016 |
Petitioner's Response to the Initial Order filed.
|
Jul. 29, 2016 |
Notice of Serving Petitioner's First Set of Interrogatories, First Request for Production and First Request for Admissions filed.
|
Jul. 25, 2016 |
Request for Hearing filed.
|
Jul. 25, 2016 |
Administrative Complaint filed.
|
Jul. 25, 2016 |
Agency referral filed.
|
|
Initial Order.
|