Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: CPD, INC., D/B/A SHADOWS LOUNGE
Judges: MARY LI CREASY
Agency: Department of Business and Professional Regulation
Locations: Port St. Lucie, Florida
Filed: Aug. 19, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 20, 2016.
Latest Update: Dec. 24, 2024
i
Florida Departmentg
Business)
P rofes Sl Fra | Rick Scott, Governor
Reg ulation ; Ken Lawson, Secretary
|
February 22, 2016
CPD INC
D/B/A SHADOWS LOUNGE
902 US HWY 1
VERO BEACH, FL 32960
RE: Case Number 2016007572, License Number BEV4100038 Series 4COP
CPD INC
Dear CPD INC:
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:
' 337 N US Highway #1, Suite #111
: Fort Pierce, Florida 34950
i
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 337 N US Highway #1 Suite #111, Fort Pierce, Florida 34950.
FAILURE TO RESPOND MAY RESULT IN REVOCATION OF YOUR LICENSE.
Hiyou have any questions, please contact us at (772)468-3927.
i
Sincerely,
YUL, VIA5
RODNEY TILLEY
Law Enforcement Captain
Enclosure: Explanation of Rights, Request for Hearing, Stipulation, Administrative Complaint
(772)468-3927 . 337 N US Highway #1, Suite #111 www.MyFioridaLicense.com
H Fort Pierce, Florida 34950 License Efficiently. Regulate Fairly.
Florida Departmente’
Business)
Professional sick Seot G
Reg ulation Ken Lawson, Secretary
:
PAGE 1
RE: CASE NUMBER 2016007572 CPD INC, D/B/A SHADOWS LOUNGE, LICENSE NUMBER
BEV4100038 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 behalf, 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.
i 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.
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'
}
(772)468-3927 337 N US Highway #1, Suite #111 www.MyFloridaLicense.com
; Fort Pierce, Florida 34950 License Efficiently. Regulate Fairly.
|
Florida Departmenty
Bush nes
iFOTESSIORA ;
Regulation ken Lawson, Secretary
\
PAGE 2
RE: CASE NUMBER 2016007572 CPD INC, D/B/A SHADOWS LOUNGE, LICENSE NUMBER
BEV4100038 SERIES 4COP
REQUEST FOR HEARING
CPD INC
D/B/A SHADOWS LOUNGE
902 US HWY 1
VERO BEACH, FL 32960
\
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.
a 1 | dispute issues of fact. (Please list which of the charges and counts in the administrative
| complaint you dispute and why).
{
i
Q 2 There are no disputed issues of fact; however, | would like an informal hearing.
Dated this day of , 2016
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
(772)468-3927 337 N US Highway #1, Suite #111 www.MyFloridaLicense.com
: ; Fort Pierce, Florida 34950 License Efficiently. Regulate Fairly.
Florida Departments
Busines
Professi Fal Rick Scott, Governor
Reg u lati on . Ken Lawson, Secretary
|
i
RAGE 3
RE: CASE NUMBER 2016007572
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
PETITIONER,
VS.
CPD INC
D/B/A SHADOWS LOUNGE
LICENSE NUMBER BEV4100038 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.
Ls)
~~
During the time the violation(s) occurred, respondent was licensed as a vendor having been
issued license number BEV4100038 series 4COP.
CONCLUSIONS OF LAW
=
~
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
=
~~
Respondent shall pay $2,000.00 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.
(772)468-3927 337 N US Highway #1, Suite #11414 www.MyFloridaLicense.com
: Fort Pierce, Florida 34950 License Efficiently. Regulate Fairly.
A
i
1
Florida Departments
Business(()
Professional .
Regulation Rick Scott, Governor
Ken Lawson, Secretary
PAGE 4
3) Respondent shall serve a 20 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.
f
=
Respondent shall submit alcoholic beverage license/ tobacco permit number N/A for
revocation effective N/A days after acceptance by the division.
a
~~
: Respondent shall reimburse investigative costs to the division in the amount of N/A and
i 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.
(2)
a
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:
7) 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: N/A
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.
(772)468-3927 337 N US Highway #1, Suite #111 www.MyFloridaLicense.com
: Fort Pierce, Florida 34950 License Efficiently. Regulate Fairly.
f
Florida Departments
Busines
Professional
Regulation ken Lawson Secretory
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
(772)468-3927 337 NUS Highway #1, Suite #111 www.MyFloridaLicense.com
Fort Pierce, Florida 34950 License Efficiently. Regulate Fairly.
Florida Departmentof
Busines#(\)
Professional see Seat. 6
Regulation ken Lawson, Secretary
PAGE 6
RE: CASE NUMBER 2016007572 CPD INC, D/B/A SHADOWS LOUNGE, LICENSE NUMBER
BEV4100038 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
(i)
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 , 2016, 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 2016007572 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
, 2016.
MUST AFFIX SEAL OR FACSIMILE HERE
(Must Sign) LICENSEE/Corporate Secretary Signature
FOR OFFICE USE ONLY
Directors or designee approval section
(__) Approved (_ ) Disapproved
Signature Date
Thomas R. Philpot, Director
Alcoholic Beverages & Tobacco
! . .
(772)468-3927 337 NUS Highway #1, Suite #411 www.MyFloridaLicense.com
: Fort Pierce, Florida 34950 License Efficiently. Regulate Fairly.
Florida Departments
Business)
Professional .
Regulation Rick Scott, Governor
Ken Lawson, Secretary
PAGE 7
RE: CASE NUMBER 2016007572
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
PETITIONER,
VS.
CPD INC
D/B/A SHADOWS LOUNGE
LICENSE NUMBER BEV4100038 = 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 CPD INC herein after referred to as
1
«
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:
CPD INC
D/B/A SHADOWS LOUNGE
902 US HWY 1
VERO BEACH, FL 32960
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.
(772)468-3927 337 N US Highway #1, Suite #111 www. MyFloridaLicense.com
: Fort Pierce, Florida 34950 License Efficiently. Regulate Fairly.
Florida Department
Busines
Professional
Regulation ken Lawson, Secretary
PAGE 8
RE: CASE NUMBER 2016007572
| DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
1 MS.
» CPD INC
D/B/A SHADOWS LOUNGE
LICENSE NUMBER BEV4100038
You, CPD INC, D/B/A SHADOWS LOUNGE, are charged with the following count(s):
1. On or about February 16, 2016, 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: Farron C. Lawrence, did unlawfully on your licensed premises, sell or serve a
beverage represented or purporting to be an alcoholic beverage, to wit: Smirnoff Vodka #21 Orange,
which in fact was not such alcoholic beverage, this act being contrary to and in violation of section
562. 061, Florida Statutes, within section 561.29(1)(a), Florida Statutes.
2. On or about February 16, 2016, 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: Farron C. Lawrence, did unlawfully on your licensed premises or elsewhere
while in the scope of employment, reuse or refill with distilled spirituous liquors for the purpose of
sale a bottle or other container which had once been used to contain spirituous liquors, to wit: (2)
Bottles of Jim Beam, (12) Bottles of Jose Cuervo, (19) Bottles of Yukon Jack, (2) Bottles of Captain
Morgan, (12) Bottles of Philadelphia Whiskey, (3) Bottles of Crown Royal, (1) Bottle of Jack Daniels,
(1) Bottle of Crystal Palace, (7) Bottles of Kentucky Deluxe, (23) Bottles of Yukon Jack, (1) Bottle of
Lanson Scotch and (11) Bottles of Old Thomson, this act being contrary to and in violation of section
565. 11, Florida Statutes, within section 561.29(1)(a), Florida Statutes.
3! On or about February 16, 2016, 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: Farron C. Lawrence, did unlawfully on your premises or elsewhere while in the
scope of employment, possess for resale alcoholic beverages, to wit: (11) Bottles of Captain Morgan
Spiced Rum, 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 February 22, 2016
Thomas R. Philpot, Director
Division of Alcoholic Beverages & Tobacco
RODNEY TILLEY
Law Enforcement Captain
772)468-3927 337 N US Highway #1, Suite #111 www.MyFloridaLicense.com
Fort Pierce, Florida 34950 License Efficiently. Regulate Fairly.
i
|
Florida Departmentof
Busines
Professional .
Regulation Rick Scott, Governor .
Ken Lawson, Secretary
Explanation of Service:
Date Served
Received By
Personal Service By (sign)
Personal Service By . (print)
Service Location
Certified Mail #7015-1660-0001-1729-0381
“attach Receipt if Served by Mail.
1
i
(772)468-3927 337 N US Highway #1, Suite #111 www.MyFloridaLicense.com
Fort Pierce, Florida 34950 License Efficiently. Regulate Fairly.
Docket for Case No: 16-004738
Issue Date |
Proceedings |
Jan. 11, 2017 |
Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibit to Petitioner.
|
Dec. 20, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Dec. 20, 2016 |
Petitioner's Unopposed Motion to Relinquish Jurisdiction filed.
|
Nov. 30, 2016 |
Order Re-scheduling Hearing by Video Teleconference (hearing set for January 18, 2017; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
|
Nov. 29, 2016 |
Joint Motion to Set Hearing Date filed.
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Oct. 31, 2016 |
Order Granting Continuance (parties to advise status by November 30, 2016).
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Oct. 26, 2016 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 26, 2016 |
Exhiibit List and Exhibits filed.
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Oct. 26, 2016 |
Petitioner's Witness List filed.
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Oct. 26, 2016 |
Petitioner's Notice of Filing filed.
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Oct. 26, 2016 |
Petitioner's Pre-hearing Statement filed.
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Oct. 24, 2016 |
Joint Motion for Continuance filed.
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Aug. 26, 2016 |
Notice of Hearing by Video Teleconference (hearing set for November 1, 2016; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
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Aug. 26, 2016 |
Order of Pre-hearing Instructions.
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Aug. 26, 2016 |
Joint Response to Initial Order filed.
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Aug. 23, 2016 |
Notice of Serving Petitioner's First Set of Admissions, Interrogatories, and Request for Production filed.
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Aug. 22, 2016 |
Initial Order.
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Aug. 19, 2016 |
Request for Hearing filed.
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Aug. 19, 2016 |
Administrative Complaint filed.
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Aug. 19, 2016 |
Agency referral filed.
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