Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,
Respondent: M AND N GROCERY, INC., D/B/A M AND N GROCERY
Judges: FLORENCE SNYDER RIVAS
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Jun. 06, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 23, 2005.
Latest Update: Jan. 09, 2025
FROM ~ (WED) MAR 9 2005 2440/37. 28:36 /No, 6828053328 P16
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RightHere. STATE OF FLORIDA
ha . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
RightNow. deb Bush, Governor Ciang Can,Seoretary
PAGE 6
RE: CASE NO. 217474
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
PETITIONER,
VS.
M&N GROCERY
LIC NO. BEV2317204 SERIES 2A4PS
RESPONDENT
ADMINISTRATIVE ACTION
COMES NOW, THE DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, HEREIN AFTER
REFERRED TO AS “PETITIONER,” AND FILES THIS ADMINISTRATIVE ACTION AGAINST M& N
GROCERY HEREIN
AFTER REFERRED TO AS “RESPONDENT,” AND ALLEGES:
1. PETITIONER IS THE STATE AGENCY CHARGED WITH SUPERVISING BUSINESSES
LICENSED UNOGR THE FLORIDA BEVERAGE, TOBACCO AND TAX, AND TOBACCO
PRODUCTS PERMIT LAWS FURSUANT TO SECTIONS 559,061, 561.07, 561.15,
561.19, 561.29, 561.501, 210.18, 210.16, 210.45, 210.50. §69.003, AND 569.006,
FLORIDA STATUTES.
2. REPONDENT 1S, 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 I$ 45 FOLLOWS:
M& N GROCERY
600 NW 183R0 STREET
MIAMI, FL 33169
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 ADMINISTRATIVE
FINES. INVESTIGATIVE GOSTS, AND LATE PENALTIES; OR ANY COMBINATION OF
THESE AUTHORIZED PENALTIES. THIS INTENDED ACTION IS BASED ON THE
BELOW DESCRIBED FACTS OR CONDUCT.
Phone: (305) 47068799 BOSS NW. 53RD TERRACE interne www. MyFlorida.com
AUGUSTA BLDG,, #100
MIAMI, FL 35166
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FROM
RightHere. STATE OF FLORIDA
a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
+
RightNow. Jeb Bush, Gavernge Diane Carr, Secmtary
(WED)MAR 69 2006 RA0/8T. 23:35 /No. 6826054329 P 16
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PAGE 7
RE: CASE NO, 217474
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
VS.
M &N GROCERY
LIC NO. BEV2317204
YOU, M& N GROCERY, D/B/A M & N GROCERY, ARE CHARGED WITH THE FOLLOWING
GOUNT(S8):
1. ON OR ABOUT _ 02/20 # 2003, YOU, THE AFOREMENTIONED LICENSEE, HOLDING A
LICENSE UNDER THE BEVERAGE LAW, OR YOUR AGENT(S), OFFICER(S). SERVANT(S), OR
EMPLOYEE(S) OR OTHER PERSON, TO WIT: (PAUL HARRISON), DID UNLAWFULLY ON TOUR
LICENSED PREMISES, ALLOW OR PERMIT THE POSSESSION OF ALCOHOLIC BEVERAGES,
TO WIT: (SEVEN BOTTLES OF RUM), NOT AUTHORIZED BY LAW TO BE SOLD UNDER YOUR
LICENSE, THIS ACT BEING CONTRARY TO AND IN VIOLATION OF SECTION 562.02, WITHIN
567.29(1}(A), FLORIDA STATUTES.
4, ON OR ABOUT _02 /. 20 _/ 2003, YOU, THE AFOREMENTIONED LICENSEE, HOLDING A
LICENSE UNOER THE BEVERAGE LAW, OR YOUR AGENT(S), OFFICER(S), SERVANT(S), OR
EMPLOYEE(S), TO WIT: (NORMA LEWIS), DID UNLAWFULLY ON YOUR LICENSED PREMISES,
ALLOW OR PERMIT A PERSON, TO WIT: (PAUL HARRISON}, TO OWN OR POSSESS
ALCOHOLIC BEVERAGES, TO WIT: (GEVEN BOTTLES OF JAMAICAN RUM), ON WHICH
FLORIDA EXCISE TAXES WERE UNPAID, THIS ACT BEING CONTRARY TO AND IN VIOLATION
OF SECTION 562.15, WITHIN 561.29(1}(A}, FLORIDA STATUTES.
SIGNED THIS MARCH 7, 2003
PAT PALMER
DIRECTOR
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Rn. Da.
KELVIN DAVIS
LAW ENFORCEMENT CAPTAIN
EXPLANATION OF SERVICE:
DATE SERVED
RECEIVED BY.
PERSONAL
SERVICE BY
CERTIFIED MAIL # ATTACH RECEIPT IF SERVED 8Y MAIL.
Prone: (308) 470-6783 8685 NW, S3RO TERRACE Intemnet: www. ivlyFlarida.com
AUGUSTA BLDG,, #100
MIAMI, FL 33166
FO"d 60:2T SO, 9 UNC PeOSesrOsE: Xe 4
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Docket for Case No: 05-002052
Issue Date |
Proceedings |
Jun. 23, 2005 |
Order Closing File. CASE CLOSED.
|
Jun. 22, 2005 |
Motion to Relinquish Jurisdiction filed.
|
Jun. 14, 2005 |
Order of Pre-hearing Instructions.
|
Jun. 14, 2005 |
Notice of Hearing by Video Teleconference (video hearing set for August 12, 2005; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Jun. 13, 2005 |
Response to Initial Order filed.
|
Jun. 06, 2005 |
Administrative Complaint filed.
|
Jun. 06, 2005 |
Request for Hearing filed.
|
Jun. 06, 2005 |
Agency referral filed.
|
Jun. 06, 2005 |
Initial Order.
|