Final Order No. BPR-2001-04586 Date: FILED H-2-0) [= | L Ee P)epartment of Business and Professional Regulation AGENCY CLERK Ol Noy -9 PM I: ! 3 arah Wachman, Agency Clerk } f BIMISION or B Department of | B b ! a Professional Regulation Division of Alcoholic Beverages and Tobacco Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-1020 Os S Department of Business and Professional Regulation DOAH CASE NO’s. 01-1669, 01-1670 Division of Alcoholic Beverages and Tobacco oD PETITIONER vs. ! DABTCASENO. FL 16 990419 | APPLICATION NO. 164793 LICENSE NO. 16-15343 Brazil, Brazil, Inc. SERIES: SRX, 4COP d/b/a Brazil Brazil i RESPONDENT FINAL ORDER This matter comes before me for final Agency Order. On November 12, 1999, the Division issued Respondent a Notice of Intent to Deny License with regards to application number 164793. On November 22, 1999, the Division issued an administrative action against Respondent in case #FL 16 990419. Respondent timely petitioned for formal hearing on these matters. The cases were consolidated and scheduled for hearing on July 31, 2001, before an administrative law judge with Division of Administrative Hearings. However, on the date of the hearing the parties elected to settle the cases. On August 3, 2001, the administrative law judge entered an Order to memorialize the terms of their settlement. By stipulation, the parties agreed the following: 1. As to Count IJ of the complaint, the Respondent will pay an administrative fine in the amount of $3,000.00. “4, h/t : Case Number: FL 16 990419 Application Number: 164793 License Number: 16-15343 Page 2 of 3 As to Count II of the complaint, the Respondent will pay an administrative fine in the amount of $1,000.00. As to Count III of the complaint, the Respondent will pay and administrative fine in the amount of $1,000.00. Each party shall bear its own costs and attorneys’ fees incurred in this matter. The Respondent will remit the total amount of all fines within ninety days of entry of - the Final Order. The Petitioner wili issue a permanent license to the Respondent as requested in DOAH Case No. 01-1670. Should Respondent fail to remit the fines as set forth, the beverage license will be revoked. Having fully considered the complete record of this case and the Order of the administrative law judge, I hereby adopt the terms as set forth above. Payment of the fines must be received by February 1, 2002 and may be made at the Enforcement Office located at 5080 Coconut Creek Parkway, Suite C, Fort Lauderdale, Florida 33063-3942. Failure to fully comply with any portion of this Final Order | within any specified time limit will result in license revocation. DONE and ORDERED, this 0 day of October, 2001. Page 2 of 3 lets Case Number: FL 16 990419 Application Number: 164793 License Number: 16-15343 Page 3 of 3 This Order of the Director of the Division of Alcoholic ‘Beverages and Tobacco will become final unless judicial review is initiated within 30 days of the date of rendition. The rendition date is the date the Order is filed by the Agency Indexing Clerk. Judicial review may be commenced by filing an original Notice of Appeal with the Clerk of the Division of Alcoholic Beverages and Tobacco and a copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal, pursuant to Section 120.68, Florida Statutes and Rule 9.110, F.R.A.P. Mail Certification: This Final Order was sent by Certified Mail 7000 1670 0012 8644 9810 to: Marcy Cellentani Brazil, Brazil 3485 North Federal Hwy. Oakland Park, FL 33305 By: 4a od) Ag BU /____ Mail Date: Ye o/ Additional copies mailed to: District Enforcement/Licensing Office Hardy L. Roberts, III, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street J. D. Parrish, Administrative Law Judge Tallahassee, Florida 32399-2202 Division of Administrative Hearings The DeSoto Building Mitchell J. Olin, Esq. 1230 Apalachee Parkway 8 Southeast Eighth Street Tallahassee, FL 32399-3060 Fort Lauderdale, FL 33316 Page 3 of 3 3. any combination of these authorized penalties. This intended action is based on the below described facts or conduct. STATE OF FLORIDA DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO ‘Page 3 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO ‘ PETITIONER, VS. Brazil Brazil Inc Brazil Brazil RESPONDENT. ADMINISTRATIVE ACTION CASE NUMBER FL 16 990419 =” LICENSE NUMBER 16215343 EA &» 2, serirs acop,, & “ES, oO CEL, & O Ce & WP O, Clam ou on COMES NOW, the Division of Alcoholic Beverages and Tobacco, hereinafter referred to as “Petitioner”, and files this Administrative Action against Brazil Brazil Inc hereinafter referred to as “Respondent”, and alleges: 1. Petitioner is the state agency charged with supervising businesses licensed under the Florida Beverage, Tobacco 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, issues in the State of Florida, by the Division of Alcoholic Beverages and Tobacco. Respondent’s last known mailing address is as follows: 3485 N. Federal Highway Oakland Park, Florida 33305 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, F.A.C, Petitioner intends to revoke; suspend; annul; impose administrative fines, investigative cost, and late penalties; or FO RE EET Re ee MRE mre eg eRe eT STATE OF FLORIDA DIVISION OF ALCOHOLIC BEVERAGES CASE NUMBER FL 16 990419 AND TOBACCO LICENSE NUMBER 16-15343 : "Page 4 : Brazil Brazil COUNT #1 During the period of July 29, 1999 through October 1, 1999, you, Brazil Brazil Inc., d/b/a Brazil Brazil, failed to maintain proper records for the sale of food and non-alcoholic beverages, contrary to F.A.C. 61A-3.0141 (3a) (1), within 561.20(4) and 561.29(1) (e) (). . COUNT #2 On August 28, 1999, you Brazil Brazil Inc., d/b/a Brazil Brazil, your agent(s), servant(s), or employee(s) or all of the above did unlawfully purchase alcoholic beverages from other than a licensed distributor, to wit: ABC Fine Wine & Spirits, contrary to Section 561.14 (3) within 561.29 (1) (a), Florida Statutes, COUNT #3 On July 29, 1999, you Brazil Brazil Inc., d/b/a Brazil Brazil, your agent(s), servant(s), or employee(s), did unlawfully fail” to disclose the names of all persons connected directly with your business, more particularly, the interest of Justin Teke a.k.a. Frank Teke, which is in violation of Section 559.791 within 561 .29 (1) (a), Florida Statutes. Signed this November 22, 1999 JOSEPH R. MARTELLI Director Division of Alcoholic Beverages and Tobacco Allen F. Nash Captain .- . : . 5089 Coconut Creek Parkway, Suite C, Box #10 ' Fort Lauderdale, Florida 33063-3942 EXPLANATION OF SERVICE: wuscanggmioase wo Soe Date Served.... oe Received by... Personal Service by. Certified Mail # Attach receipt if served by mail. P 006 865 604 - x i, 9, KES, THE STATE OF FLORIDA KEIO, Fy DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION? 2 f DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO e a In the matter of: Brazil Brazil, Inc. License No. 16-15343,SRX, 4COP Brazil Brazil Application 164793 3485 North Federal Highway Oakland Park, Florida 33305 NOTICE OF INTENT TO DENY LICENSE This notice is given to advise of the intent of the Division of Alcoholic Beverages and Tobacco to deny the license application as referenced above. The grounds for denial are stated on Exhibit A, attached to this notice. RIGHT TO A HEARING This is an action that may affect your substantial interests. Mediation of this administrative dispute is not available. However, pursuant to Chapter 120, Florida Statutes, you may request a hearing on this matter, provided a written request is filed with the agency. The request must comply with the requirements of 28-106.111, and 28-106.201 or 28-106.301, Florida Administrative Code. The written request must be postmarked or filed with the Division of Alcoholic Beverages and Tobacco, Bureau of Licensing and Records, 1940 North Monroe Street, Tallahassee, Florida, 32399-1021, within 21 days of the date of this notice. If the Division determines there are disputed issues of material fact, the case will be forwarded to the Division of Administrative Hearings. If there are no disputed issues of material fact, the Division will schedule an informal hearing. In either case, you will be notified of the date, time and place of the hearing. In a formal hearing, you have the right to appear in person on your own behalf, to be represented by an attorney, to bring witnesses and present evidence, to cross-examine any witnesses produced against you by the State, and to have subpoenas issued on your behalf. In an informal hearing, you have the right to appear in person on your own behalf, to be represented by an attorney, and to submit whatever information you desire to show entitlement to the license. . Cope pep crme ones Brazil Brazii, Inc. Page -2- If a written request for a hearing is not received or postmarked within 21 days of the date of this notice, a Final Order will be entered based on the reason(s) stated in Exhibit A, attached to this notice. : . Practice in all of the above proceedings are governed by Chapter 120, Florida Statutes, and the Uniform Rules of Practice and Procedure, 28-101 et sequitur, Florida Administrative Code. You have the burden of establishing entitlement to the license. a. Dated this / 22 day of Whrutohe— , 1999. . Scriven, Law Enforcement Captain Department of Business and Professional Regulation Division of Alcoholic Beverages and Tobacco CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true copy of the foregoing has been sent (by U.S. mail, certified) Wha Brazil, Inc., 3485 North Federal Hwy, Oakland Park, Florida 33305, this JZ. day of 1999. Lois A. Williams _, Certified Number Copies furnished: Carrie Beckerman Patti Cohen, Plantation District Office Marcy D. Cellentani 4701 W. Hawthorne Circle Hollywood, Florida 33021 Brazil Brazi&, Inc. Page -3- Authority: ¢ Reason: EXHIBIT A Chapter 70-718, Laws of Florida 561.20, Florida Statutes, 61A-3.0141, F.A.C. Applicant has failed to meet and maintain 51% of its gross revenue from the sale of food and non-alcoholic beverages as required by Florida law. There is currently an administrative case pending against this license. SO a Ree aR RE

Docket for Case No: 01-001670