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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs SHIV INC., D/B/A PARS FOOD STORE, 09-001185 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-001185 Visitors: 28
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: SHIV INC., D/B/A PARS FOOD STORE
Judges: CAROLYN S. HOLIFIELD
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Mar. 05, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 24, 2009.

Latest Update: Dec. 25, 2024
Mar 5 2009 14:05 PAGE 83/85 3/05/2689 1ld:14 8589221278 ogo Florida Departmentet Busines Professional ee chalalW Braga Seeeeee PAGE? RE: CASE NUMBER 2008051302 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS SHIV INC OF US DIB/A PARS FOOD STORE LICENSE NUMBER BEV3904102 SERIES 1APS RESPONDENT ADMINISTRATIVE COMPLAINT Comes now, the Division of Alcoholic Beverages and Tobacco, herein atter referred to ag “petitioner,” and files this administrative complaint against SHIV INC OF US herein after referred to as "respondent," and alleges: 1, Petitioner Is the state agency charged with supervising businesses licensed under the 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 fast known mailing address is as follows: SHIV INC OF US DIBIA PARS FOOD STORE 2124 78TH STREET SOUTH TAMPA, FL 33619 And the division has not been notified of any other designated person or address for the service of process and notices authorized by Rule 61 Av2.012, Florida Administrative Code, 3, Petitioner intends to revoke; suspend: annul; impose administrative fines, investigative costs, and late penalties; or any combination of these authorized pénalties. This intended action is based on the below described facts or conduct, 1313 Tampa St www, MyFloridsLicense,com 813.272.4967 . Park Trammel! Bldg, #702 License Efficiently. Regulate Fairly, Tampa FL 33602 Mar 5 2009 14:06 PAGE @4/@5 3/05/2689 1ld:14 8589221278 ogo Florida Deparmeanter Busines Professigeal Regulation sme ana PAGE 8 RE: CASE NUMBER 2008051302 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO V5, SHIV INC OF US DIB/A PARS FOOD STORE LICENSE NUMBER BEV3904102 You, SHIV INC OF US, D/B/A PARS FOOD STORE, are charged with the following countts): 1. On or about 08/29/2008, 99/12/2008, 09/17/2008, 10/21/2008, 12/05/2008, and 12/4 6/2008, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit: (Ritesh D. Shah), did untawfully on your premises licensed under the Beverage Law, fail to purchase cigarettes, to wit (4- 7/2 cases of Marlboro lights, 1- 1/2 case of marlboro reds, 62 cartons of mariboro reds, 23 cartons of Marlboro lights }, for retail purposes from other than a person holding a wholesale dealer permit, this act being contrary to and in violation of section 210.15(h), within 561.29(1)(a), Florida Statutes. 2. On or about 08/29/2008, 09/12/2008, 09/17/2008, 10/21/2008, 12/05/2008, and 12/4 5/2008, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), did unlawfully on your licensed premises, allow or permit a person, to wit: (Ritesh D. Shah) to traffic in or endeavor to traffic in property that was known or should have been known to be stolen, this act being contrary to and in violation of section 812.019(1), within 561,29(1)(a), Florida Statutes, 3, On or about 08/29/2008, 09/12/2008, 09/1 7/2008, 10/21/2008, 12/05/2008, and 12/1 5/2008, you, the aforementioned licensee, holding a licanse under the Beverage Law, or your agent(s), officar(s), servant(s), or employee(s), or other person(s) to wit: (Ritesh D. Shah and Vijaykumar K. Jadhav a.k.a. “Ken"), did unlawfully on your licansed premises or elsewhere while in the scope of employment, conspire to violate the Beverage Law, 210.15 (1)(b), 812.079(1) and commited an act to effect the object of the conspiracy, to wit: (endeavoring to and purchasing cigarettes for retail stolen), this act being contrary to and in violation of section 562.23, within 564 29(1)(a), Florida Statutes, Signed this January 8, 2009 Jerry Geier Director Division of Alcoholic Beverages and Tobacco Law Enforcement Lieutenant .272,9257 1313 Tampa St, www MyPlaridalinense com 818.272.32 Park Trammel Bidg, #702 License Efficiently, Regulate Falely, Tampa FL 33602

Docket for Case No: 09-001185
Issue Date Proceedings
Jul. 24, 2009 Order Closing File. CASE CLOSED.
Jul. 23, 2009 Joint Motion to Relinquish Jurisdiction filed.
Jul. 17, 2009 Notice of Appearance (filed by M. Golan).
Jun. 10, 2009 Order Re-scheduling Hearing by Video Teleconference (hearing set for August 18, 2009; 9:30 a.m.; Tampa and Tallahassee, FL).
Jun. 01, 2009 Joint Status Update in Response to Order Granting Continuance filed.
May 04, 2009 Order Granting Continuance (parties to advise status by June 1, 2009).
May 01, 2009 Petitioner`s Unopposed Motion for Continuance filed.
Mar. 26, 2009 Petitioner`s First Request for Production of Documents filed.
Mar. 26, 2009 Petitioner`s First Request for Interrogatories filed.
Mar. 26, 2009 Petitioner`s First Request for Admissions filed.
Mar. 26, 2009 Notice of Serving Petitioner`s First Request for Interrogatories and First Request for Production filed.
Mar. 26, 2009 Notice of Serving Petitioner`s First Request for Admissions filed.
Mar. 18, 2009 Order of Pre-hearing Instructions.
Mar. 18, 2009 Notice of Hearing (hearing set for May 8, 2009; 9:30 a.m.; Tampa, FL).
Mar. 11, 2009 Joint Response to Initial Order filed.
Mar. 05, 2009 Initial Order.
Mar. 05, 2009 Request for Hearing filed.
Mar. 05, 2009 Administrative Complaint filed.
Mar. 05, 2009 Agency referral
Source:  Florida - Division of Administrative Hearings

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