Final Order No, BPR-2008- 6289 ate: 3 |stfog FILE Department of Business and Professional Regulation AGENCY CLERK SaralWachman, Agency Clerk Department of Business and Professional Reguiation & oe Division of Alcoholic Beverages and Tobacco G sy Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-1020 Latino Grande, Inc. PETITIONER ; CASE NO. 2007-068011 vs. Department of Business and Professional Regulation | DOAH NO. 08-0495 Division of Alcoholic Beverages and Tobacco | SERIES: 4COP Big Pig, Inc. CASE NOS.2007-068653 2007-068656 2007-068662 vs. i DOAH NOS. 08-0496 08-0497 08-0498 SERIES: 4COP Department of Business and Professional Regulation Division of Alcoholic Beverages and Tobacco RESPONDENT FINAL ORDER This matter comes before me for final Agency Order. The issue before me is whether Respondent should exclude four entries in the quota drawing for alcoholic beverage licenses (license quota drawings) pursuant to Subsection 561.19(2)(d), Florida ‘Statutes (2007) and Florida Administrative Code Rules 61A-1.006(8) and 61A-5 .0105(8). Case Numbers: 2007-06801 1, 2007-068653, 2007-068656, 2007-068662 Series: 4COP: Page 2 of 4 PRELIMINARY STATEMENT lL. By letters dated November 1, 2007, Respondent proposed to reject four applications for entries into the quota license drawing. 2. Respondent filed a timely requested an administrative hearing to challenge each of the four proposed rejections and the Respondent referred the matter to the Division of Administrative Hearings (DOAH) for a formal hearing. 3. A formal hearing was conducted by Administrative Law Judge Daniel Manry on April 3, 2008. 4. A Recommended Order was issued by the Administrative Law Judge on July 3, 2008. 5. Neither party filed exceptions to the Recommended Order. 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. 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. Page 2 of 4 Case Numbers: 2007-06801 1, 2007-068653, 2007-068656, 20U7-U68662 Series: 4COP: Page 3 of 4 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 filed on behalf of Latino Grande, Inc. and Big Pig, Inc. will be excluded from the quota license drawing. DONE and ORDERED at Tallahassee, Florida, this BO_ day of July, 2008. om CYNTHIA HILL, Director Division of Alcoholic Beverages and Tobacco a 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, FRAP. 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. Mail Certification: This Final Order was sent by Certified Mail 7007 3020 0000 4298 4488 to: Jed Berman, Esq. Infantino and Berman Post Office Drawer 30 Winter Park, FL 32790 By: or fi ¢ £2 peo 0h Mail Date: g, 08 Page 3 of 4 Case Numbers: 2UU/-V0BUL1, 2UU/-Wu0uss, Luu -yuLNees He very o Additional copies mailed to: District Enforcement/Licensing Office Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399 Series: 4COP: Page 4 of 4 Daniel Manry Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Page 4 of 4

Docket for Case No: 08-000498

Orders for Case No: 08-000498