Florida Departmentet Busines Professi Regulation PAGE 7 Charla Grist, Gavernor Charles W, Drago, Secretary RE: CASE NUMBER 2008051143 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. FALOW ENTERPRISES INC D/BIA TAMPA LIVE LICENSE NUMBER BEV3908449 SERIES 4COP RESPONDENT ADMINISTRATIVE COMPLAINT Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as “petitioner,” and files this administrative complaint against FALOW ENTERPRISES INC herein after referred to as “respondent,” and alleges: 1. 819.272.3257 é@/E8 Jovd Petitioner is the state agency charged with supervising businesses licensed under the Florida beverage, tobacco and 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. Respondent is, and has been at ali 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 is as follows: FALOW ENTERPRISES INC DIBIA TAMPA LIVE 5470 E BUSCH BLVD 216 TEMPLE TERRACE, FL 33617 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, Petitioner intends to revoke; suspend; annul; impose administrative fines, investigative costs, and late penalties; or any combination of these authorized penalties. This intended action is based on the below described facts or conduct. 1313 Tampa St. www. MyFloridaLleanse.com Park Trammel Bldg, #702 License Efficiently, Regulate Fairly. Tampa FL 33602 950 84¢7T2é66S8 ZP:GT 6802/87/88 6f:9T 6002 8T Bry Florida Departments! —, — Busines Professi@rral ; care Gest Regulation Charles W. Drogo, Secretary PAGE 8 RE: CASE NUMBER 2008051143 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS, . FALOW ENTERPRISES INC D/B/A TAMPA LIVE LICENSE NUMBER BEV3908449 You, FALOW ENTERPRISES ING, D/B/A TAMPA LIVE, are charged with the following count(s): 1. Between 11/29/2007 and the present date, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit: David Lee Gay, Jr (a convicted felon) and Fifalow Productions, Inc , failed to submit to the Division of Alcoholic Beverages and Tobacco, a sworn application, before such person who has a direct or indirect financial interest in the license, engaged in the business of manufacturing, bottling, distributing, selling, or in any way dealing in alcoholic beverages on your premises licensed under the Beverage Law, this act being contrary to and in violation of section 561.17(1), within 561.29(1)(a), Florida Statutes. 2, Between 7/14/2008 and the present date you, the aforementioned licensee, or your agent(s), officer(s), servani(s), or employee(s), to wit:, April Allen and FLA Group, Corp, failed to submit to the Division of Alcoholic Beverages and Tobacco, a sworn application, before such person who has a direct or indirect financial interest in the license, engaged in the business of manufacturing, bottling, distributing, selling, or in any way dealing in alcoholic beverages on your premises licensed under the Beverage Law, this act being contrary to and in violation of section §61.17(1), within §61.29(1)(a), Florida Statutes. 3. On or about 11/27/2007, 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(s) to wit: Licensees Lori Allen and Tibor Guba did unlawfully on your licensed premises or elsewhere while in the scope of employment, conspire to violate the Beverage Law, FSS 561.17 and 559.791 and commited an act to effect the object of the conspiracy, to wit: Allen and Guba conspiried with David Lee Gay, Jr (a convicted felon) to conceal his ownership in the premise and submitted a false application, this act being contrary to and in violation of section 562.23, within 561.29(1)(a), Florida Statutes, 4. On or about 11/27/2007, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit: Licensee Lori Allen, did unlawfully sign under oath or affirmation, and falsely swore to or aifirmed a material statement, to wit: Allen signed on page 17 Section 13- Affidavi/Applicant Notarization Required: of form DBPR ABT-6035 — Application for Transfer of Ownership that she and Tibor Guba were the only persons with an interest in the premise and failed to disclose the ownership of David Lee Gay, Jr (a convicted felon) and Fifalow Productions, (nc, on your application for a license, this act being contrary to and in violation of section 559.791, within 561.29(1)(a), Florida Statutes. 813.272.3257 1313 Tampa St. www. MyFloridaLicense.com Park Trammel Bldg, #702 License Efficiently. Regulate Fairly. Tampa FL 33602 éQ/Pa Sod 380 842 Técbese ép:ST 6882 /8T/o8 6E:9T 600% 8T Bny B WOT Ks LARSEN —, Business) Professiofial Regulation Charlie Grist, Governor Charles W, Drago, Secretary Signed this December 5, 2008 Jerry Geier Director Division of Alcoholic Beverages and Tobacco vid E. Merrill Law Enforcement Lieutenant Explanation of Service; Date Served Received By Personal Service By. Certified Mail # Attach Receipt if Served by Mail. 813.272.3257 1313 Tampa St. . Park Trammel Bldg, #702 Tampa FL 33802 4@/SA J5%d 380 OF:9T 600Z 8T Bny s—— www, MyFloridalicgense.com License Efficiently. Regulate Fairly, 842 Técbese ép GT Bld /OT fe SENDER: COMPLETE THIS 8 SECTION | COMPLETE THIS SECTION ON DELIVERY C1 Agent 1D Addrassee C. Date of Dalivery item dif Restricted red. ups m Print your name: afd address onthe reverse ° so thabwe can return‘the gard to you, ieee li Attach this card to the back of.the: mailplace;is: or on the front if space permits." 1. Article Addressed to: D. tg delivery address different from ita IYES, enter delivery address below: FALOW ENTERPRISES, INC D/B/A TAMPA LIVE 5470 £ BUSCH BLVD 216 TEMPLE TERRACE, FL 33617 3. Service Type [el Certified Mail CO Express Mail © Registered D Retum Receipt for Marchandlee CO Insured Mall =) G.0.D. . Restricted Delivery? (Extra Fea) OD Yes ACP2008051143 2. Article Nu" 7" - ‘ . (Trenster | 7008 LL40 ooo4 45 PS Form 3871, February 2004 Domestic Return Receipt 102595-02Mstba0 46/98 ov 990 OF:9T 6002 8— Bry 82cTecbass 2p:ST 680¢/8T /88

Docket for Case No: 09-004539