Florida Departments, ® e Busi ness Professional . Regulation Rick Scott, Governor Ken Lawson, Secretary September 22, 2015 MATIS MAEL LLC D/B/A FRENCH FOLIES 2355 VANDERBILT BEACH RD, SUITE 200 NAPLES, FL 34109 RE: Case Number 2015028088, License Number BEV2104890 Series 4COP MATIS MAEL LLC Dear MATIS MAEL LLC: The Division of Alcoholic Beverages and Tobacco is pursuing legal action against your (beverage/tobacco) license in the form of an Administrative Complaint. You must choose one of the following options within 21 days from receipt of this letter: YOU MAY REQUEST A HEARING (form is on page 2 of this package). If you have any issues that you want to dispute, then you should choose this option. You need to complete the “REQUEST FOR HEARING” form by checking the type of hearing you want; or YOU MAY ENTER INTO A STIPULATED AGREEMENT (form is on pages 3-6 of this package). If you wish to settle this action without a hearing, you MUST sign the stipulation form and return it. Here are the specific steps you should take to pursue this option: e Return pages 3-6 On pages 4-5 answer numbers 10-12 On page 6 sign all appropriate areas Initial and date all changes you make on the form Return the signed form to: 2295 Victoria Avenue Suite 145 Ft. Myers FL 33901-3884 _ Again, to preserve your rights under Florida's Administrative Procedures Act, Chapter 120, Florida Statutes, you must return a request for hearing or the stipulation, within 21 days from RECEIPT of this letter to 2295 Victoria Avenue, Suite 145, Ft. Myers FL 33901-3884. FAILURE TO RESPOND MAY RESULT IN REVOCATION OF YOUR LICENSE. If you have any questions, please contact us at 239.344.0878. wi ‘ Paul Goward Law Enforcement Captain Enclosure: Explanation of Rights, Request for Hearing, Stipulation, Administrative Complaint 239.344.0878 2295 Victoria Avenue www.MyFloridaLicense.com Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884 Florida Department e ® Busines Professional rick Scot, Governor Reg u lation Ken Lawson, Secretary PAGE 1 RE: CASE NUMBER 2015028088 MATIS MAEL LLC, D/B/A FRENCH FOLIES, LICENSE NUMBER BEV2104890 SERIES 4COP EXPLANATION OF RIGHTS If you wish to request a hearing, you must file the written request enclosed no later than 21 days following the date you received this notice. The written request for hearing must be filed with the local district office. If there are disputed issues of material fact, a formal hearing under section 120.57 (1), Florida Statutes, will be scheduled. If there are no disputed issues of fact, you will be given an opportunity to have an informal hearing pursuant to section 120.57 (2), Florida Statutes. If you would. like to make a settlement offer, you may return the enclosed stipulation (settlement agreement) with any written mitigation and corrective action you would like the division to consider in reaching a decision in your case. If there is a formal hearing, you have the right to appear in person on your own behaif, be represented by your attorney or qualified representative, to present witnesses and evidence, to cross-examine any witnesses produced against you by the state, and to have subpoena and subpoena duces tecum issued on your behalf. If your written request for hearing or the enclosed stipulation is not received by the Division of Alcoholic Beverages and Tobacco with a postmark no later than 21 days following the date you received this notice, a final order may be entered revoking your license/permit or assessing maximum late penalties. You will be notified of the time, place and date of any hearing if you have requested one. If the division does not accept the stipulation (settlement) you offer and it is filed within 21 days after you receive this package, it will be considered a timely request for an administrative hearing and you will be contacted by the division to determine the kind of hearing you wish to have; that is, formal evidentiary hearing or informal mitigation hearing. You are encouraged to call the district supervisor if you have any questions about this procedure. Note: Chapter 120, Florida Statutes, will provide you with additional guidance regarding actions by the state that affect you. Section 120.573, Florida Statutes, mediation disclosure. This is an action that may affect your substantial interests. Mediation of this administrative dispute is not available. However, you may request either an informal or formal hearing on the charges, pursuant to Chapter 120, Florida Statutes, and as further detailed in this notice. 239.344.0878 2295 Victoria Avenue www.MyFloridaLicense.com Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884 Florida Department, e ® Busines Professional j Rick Scott, Governor Regulation Ken Lawson, Secretary PAGE 2 RE: CASE NUMBER 2015028088 MATIS MAEL LLC, D/B/A FRENCH FOLIES, LICENSE NUMBER BEV2104890 SERIES 4COP REQUEST FOR HEARING MATIS MAEL LLC D/B/A FRENCH FOLIES 2355 VANDERBILT BEACH RD, SUITE 200 NAPLES, FL 34109 The Division of Alcoholic Beverages and Tobacco must determine whether a formal or informal hearing is proper for this action. Therefore, please check and complete one of the following. Q 1. | dispute issues of fact. (Please list which of the charges and counts in the administrative complaint you dispute and why). a 2. There are no disputed issues of fact; however, | would like an informal hearing. Dated this day of , 2015. SERVICE INFORMATION Please indicate below where the division should send all correspondence related to this action: Signature of preparer Name Printed name of preparer Email (optional) Title Mailing address Date : City State Zip Email of preparer (optional) Telephone number 239.344.0878 2295 Victoria Avenue www.MyFloridaLicense.com Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884 Horde Department i Business) ® e Professiona | Rick Scott, Governor Regulation Ken Lawson, Secretary PAGE 3 RE: CASE NUMBER 2015028088 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. MATIS MAEL LLC D/B/A FRENCH FOLIES LICENSE NUMBER BEV2104890 SERIES 4COP RESPONDENT. STIPULATION (Settlement Agreement) Pursuant to s.120.57(4), F.S., the above named parties hereby enter into this stipulation as disposition of the attached administrative action, in lieu of any other administrative proceedings authorized in Chapter 120, F.S. The terms herein become effective only if and when the division accepts this stipulation as evidenced by an authorized signature. In considering this, the division may review all investigative materials regarding this action, past administrative penalties and violations, tax delinquencies, and failure to make timely payments to alcoholic beverage distributors by this license. If this stipulation is rejected, it shall not be used against either party and shall be considered a request for an administrative hearing. STIPULATED FACTS 1) Respondent admits the allegations of the administrative complaint are true. 2) During the time the violation(s) occurred, respondent was licensed as a vendor having been issued license number BEV2104890 series 4COP. CONCLUSIONS OF LAW 1) Respondent admits that the stipulated facts contained in the administrative complaint constitute violations of law and subject the license and/or permit to administrative penalties. SETTLEMENT 1) Respondent shall pay $2000 as a civil penalty within 15 days after receipt of this accepted stipulation. 2) Respondent shall pay N/A in late penalties for delinquent tax reports within N/A days after receipt of this accepted stipulation, which will be for late reports received by the Division of Alcoholic Beverages and Tobacco. 239.344.0878 2295 Victoria Avenue www. MyFiloridaLicense.com Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884 Fiorida ines?) Business) ® @ Professional . Regulation Rick Scott, Governor Ken Lawson, Secretary PAGE 4 3) Respondent shall serve a N/A day suspension which shall begin on the first Monday that is not a legal holiday 15 days following the receipt of this accepted stipulation. During the suspension, the division shall post signs on the exterior and interior of the license premises indicating that respondent's license is suspended. Respondent agrees that it shall not deface, cover, remove, relocate, alter or damage any suspension signs posted by the division, nor permit others to do the same. 4) Respondent shall submit alcoholic beverage license/ tobacco permit number 2104890 for revocation effective IMMEDIATELY after acceptance by the division. 5) Respondent shall reimburse investigative costs to the division in the amount of N/A and reimburse investigative costs to the N/A in a separate check, in the amount of N/A which shall both be remitted to your local district office of the Division of Alcoholic Beverages and Tobacco within N/A days following receipt of this stipulation. 6 wa Respondent shall forfeit all evidence seized related to this administrative complaint. The below listed items shall be returned to the respondent by petitioner within 15 days after receiving acceptance of this stipulation as follows: NI ~~ Respondent waives the right to seek any attorney’s fees or cost from the petitioner or its agents or employees in connection with this disciplinary proceeding. 8) Additional agreements: Revocation w/o prejudice to obtain any other type of license, but with prejudice to obtain the same type of special license for 5 years. 9) Respondent understands that the failure to comply with this stipulation, or any part of it, may result in additional penalties for violating an order of the division. 10) Have all violations cited in the attached administrative action been corrected as of this date? ( ) YES { )NO 11) The following corrective action plan has been taken by the respondent to prevent future violations of the same nature, as cited in the administrative action. Licensee will ensure all alcoholic beverages purchased or acquired are from a licensed distributor or as part of an approved Pool buying Group purchase. Licensee will submit license for revocation without prejudice to obtain any other type license, but with prejudice to obtain the same special license for 5 years. 239.344.0878 : 2295 Victoria Avenue www. MyFloridaLicense.com Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884 Florida Department ® eo Busines Professional Regulation ane Gomes PAGE 5 12) If charges relate to drug violations or underage sales violations, the LICENSEE acknowledges that he/she is in compliance with sections 561.701 through 561.706, and sections 569.003 (Florida Responsible Vendor Act) and 569.008 (Retail Tobacco Products Dealer Qualifications), Florida Statutes. ( ) YES ( )NO 239.344.0878 2295 Victoria Avenue www.MyFloridaLicense.com Suite 145 . License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884 Florida Departments, ® ® Busines Professional Regulation ken Lawson, Secretary PAGE 6 RE: CASE NUMBER 2015028088 MATIS MAEL LLC, D/B/A FRENCH FOLIES, LICENSE NUMBER BEV2104890 SERIES 4COP MUST SIGN IN THIS AREA Printed Name of Attorney Signature of LICENSEE, Corporate Officer, or Attorney for LICENSEE : Email (optional) Printed Name of LICENSEE or Officer Mailing Address Email (Optional) City State ZIP Mailing Address (___) Area Code and Phone Number City State ZIP —___) Area Code and Phone Number Corporation must complete the following paragraph to this stipulation now. Therefore, be it resolved, that on , 2015, a meeting of the board of directors was held pursuant to legal notice and that the officer's signature appearing on this stipulation, executed in case number 2015028088 on behalf of this corporate respondent, is duly authorized, empowered and perfected to execute the stipulation on behalf of the corporation and is further empowered to execute any other documents necessary to fulfill the intent of the stipulation. In witness thereof, | have set my hand and seal of this corporation this day of , 2015. MUST AFFIX SEAL OR FACSIMILE HERE (Must Sign) LICENSEE/Corporate Secretary Signature FOR OFFICE USE ONLY Director's or designee approval section ( ) Approved (_ ) Disapproved Signature Date Thomas R. Philpot, Director Alcoholic Beverages & Tobacco 239.344.0878 ; 2295 Victoria Avenue www.MyFloridaLicense.com Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884 Florida Departments. * e Busines Professional wick Scot 6 Regulation Ken Lawson’ Secretary PAGE 7 RE: CASE NUMBER 2015028088 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. .. MATIS MAEL LLC. D/B/A FRENCH FOLIES LICENSE NUMBER BEV2104890 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 MATIS MAEL LLC 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: MATIS MAEL LLC D/B/A FRENCH FOLIES 2355 VANDERBILT BEACH RD, SUITE 200 NAPLES, FL 34109 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. 239.344.0878 2295 Victoria Avenue www.MyFloridaLicense.com Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884 Bus inessa) Business) ® ® Professioral Rick Scott, Governor Regulation Ken Lawson, Secretary PAGE 8 RE: CASE NUMBER 2015028088 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. MATIS MAEL LLC D/B/A FRENCH FOLIES LICENSE NUMBER BEV2104890 You, MATIS MAEL LLC, D/B/A FRENCH FOLIES, are charged with the following count(s): 1. On or about 07/25/2015, you, the aforementioned licensee, holding a license issued by the Division of Alcoholic Beverages and Tobacco, did fail to provide the required service area, seating, and equipment to serve 150 persons full course meals at tables at one time as required to qualify for your license, this act being contrary to and in violation of section 561.20(2)(a)4, Florida Statutes, within section 561.29(1)(a), Florida Statutes. 2. On or about 06/27/2015 and 07/03/2015, 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), to wit: French Folies, did unlawfully on your premises or elsewhere while in the scope of employment, purchased for resale alcoholic beverages, to wit: 216 bottles of Corona beer, 96 bottles of Heineken beer and 54 bottles of Bud Lite beer, purchased or acquired in any manner from a person or entity not licensed as a distributor under the Beverage Law, this act being contrary to and in violation of section 561.14(3), Florida Statutes, within section 561.29(1)(a), Florida Statutes. Signed this September 22, 2015 Thomas R. Philpot, Director Division of Alcoholic Beverages & Tobacco Paul Goward Law Enforcement Captain Explanation of Service: Date Served Received By Personal Service By. (sign) Personal Service By. (print) Service Location Certified Mail # TONER AQSASGIBVWS OF QSAS *Attach Receipt if Served by Mail. . a. 239.344.0878 2295 Victoria Avenue www. MyFloridaLicense.com Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884

Docket for Case No: 16-004269