Final Order No. BPR-2008-04883 Date: 6-4 -08% FILED Department of Business and Professional Regulation AGENCY CLEKK gSarah Wach n, Agency Cle By: ip 2, ef a Department of Business and Professional Regulation ~ oe Division of Alcoholic Beverages and Tobacco CEE im rs Northwood Centre CBO. O ; 1940 North Monroe Street Ep vy, Tallahassee, Florida 32399-1020 eae ee 4, 2) Abkey, LTD. d/b/a Fuddruckers Restaurant, | PETITIONER i ; CASE NO. 2007-026509 ! DOAH NO. 07-2508 | LICENSE NO. 16-00869 Department of Business and Professional Regulation i SERIES: 4COP SR Division of Alcoholic Beverages and Tobacco RESPONDENT vs. Nick Maneros, II, Inc. d/b/a Maneros of Hallendale PETITONER ; CASE NO. 2007-040476 i DOAH NO. 07-4602 ! LICENSE NO. 16-00018 i SERIES: 4COP SR vs. Department of Business and Professional Regulation Division of Alcoholic Beverages and Tobacco RESPONDENT Amy Cat, Inc. d/b/a Cypress Manor : PETITIONER i CASE NO. 2007-041355 ; | DOAH NO. 07-4692 vs. i LICENSE NO. 60-00878 ; SERIES: 4COP SR Department of Business and Professional Regulation | Division of Alcoholic Beverages and Tobacco i RESPONDENT el Case Numbers 2007-026509; 2007-040476; 2007-041355: License Numbers 16-00869; 16-00018; 60-00878: Page 2 of 4 FINAL ORDER This matter comes before me for final Agency Order. The issue before me is whether Petitioners’ applications for the delinquent renewal of their special restaurant license pursuant to Section 561.27(2), Florida Statutes, should be denied for the reasons set forth in the Notices of Intent to Deny License. PRELIMINARY STATEMENT 1. On April 2, 2008, the Division issued a Notice of Intent to Deny License to Abkey, LTD. d/b/a Fuddruckers Restaurant. On June 8, 2007, the Division issued a Notice of Intent to Deny License to Nick Maneros II, Inc. d/b/a Maneros of Hallandale. On June 8, 2007, the Division issued a Notice to Intent to Deny License to Amy Cat Incorporated d/b/a Cypress Manor Grille & Spirits. 2. The Petitioners’ in each case timely filed a request for formal hearing, citing disputed issues of fact. 3. Pursuant to notice, the cases were consolidated and a formal hearing was conducted by Administrative Law Judge Stuart M. Lerner on January 25, 2008. 4. A Recommended Order was issued by the administrative law judge on April 30, 2008. 5. Exceptions to the Recommended Order were not received from any of the parties. FINDINGS OF FACT 6. A thorough review of the entire record of this matter reveals that the findings of fact contained in the recommended order are based on competent, substantial evidence and that the proceedings on which the findings were based complied with the essential requirements of the law. 7. The Division hereby adopts and incorporates by reference the Findings of Fact as set forth in the Recommended Order. Page 2 of 4 Case Numbers 2007-026509; 2007-040476; 2007-041355: License Numbers 16-00869; 16-00018; 60-00878: Page 3 of 4 CONCLUSIONS OF LAW 8. A thorough review of the entire record in this matter indicates that the Conclusions of Law contained in the Recommended Order are reasonable and correct interpretations of the law based on the Findings of Fact. 9. The Division hereby adopts and incorporates by reference the Conclusions of Law as set forth in the Recommended Order. 10. This Final Order is entered after a review of the complete record. ORDER Having fully considered the complete record of this case and the Recommended Order of the Administrative Law Judge, I hereby adopt the Recommended Order. It is ORDERED that the applications for delinquent renewal filed on behalf of the Petitioners’ are hereby approved. DONE and ORDERED at Tallahassee, Florida, this a day of June, 2008. . CYNTHIA HILL, Director Division of Alcoholic Beverages and Tobacco ne ard 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. A transcript of the informal hearing may be obtained upon written request received no later than 60 days from the rendition date of this Order. Page 3 of 4 Case Numbers 2007-026509; 2007-040476; 2007-041355: License Numbers 16-00869; 16-00018; 60-00878: Page 4 of 4 Mail Certification: This Final Order was sent by Certified Mail 7008 0150 0002 9787 9247to: Harold F. X. Purell, Esquire Rutledge, Ecenia, Purnell and Hoffman, P.A. Post Office Box 551 Tall 32392-055]\ By: Additional copies mailed to: Stuart M. Lerner Ned Luczynski, General Counsel Administrative Law Judge Department of Business and Professional Regulation Division of Administrative Hearings 1940 North Monroe Street The DeSoto Building ; Tallahassee, FL 32399-0792 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Central Licensing Office Michael J. Wheeler Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399 Page 4 of 4

Docket for Case No: 07-004602

Orders for Case No: 07-004602