Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: SHARKS DEN BILLIARDS, INC., D/B/A SHARKS DEN BILLIARDS
Judges: DANIEL M. KILBRIDE
Agency: Department of Business and Professional Regulation
Locations: Fort Myers, Florida
Filed: Oct. 16, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 18, 2009.
Latest Update: Dec. 24, 2024
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PAGE 84/85
. Forde Department
Busines aan ;
Professi@rial: ae oe, ~~
Re guia on | , Charlie Crist, Gavernor
| . Charles W, Drago, Secretary
PAGE 7
RE: CASE NUMBER 2009-005874
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
PETITIONER,
. MS. , ‘
- SHARKS DEN BILLIARDS INC © : . Te,
‘D/BIA SHARKS DEN BILLIARDS oo ; 3 oo. /
LICENSE NUMBER BEV2104317 ‘SERIES 2COP Se
“RESPONDENT
"ADMINISTRATIVE COMPLAINT
"caries now, the Division of Alcohdiic Beverages and Tobacco, herein after referted to. as .
“petitioner, "and files this adminisirative. camplaint against SHARKS’ DEN. BILLIARDS INC herein °
after referred to as “respondent,” and alleges: a
oA Petitioner's. the state agency charged with supervising ag usinela licensed under the °
. Florida beverage, tobacco and tax, and tobacco products permit laws pursuant to ‘
sections 559.061, 561.07, 561.15, 581.19, 561.29,561.501, 210.15, 210.16, 210. 48.
210. 50, 569. 003, and 569.006, ‘Florida Statutes. : :
2, . Respondent is; ‘and has ‘been at ail times material: hereto, the halder;of a valid
license/permit, issued in the State of Florida, by the Division of Alcoholic Beverages
and, ‘Tobacco. Respondent’ 8 last knawn mailing adiiress is is. as 8 follows::
; i SHARKS. BEN BILLIARDS INC
.! D/BIA SHARKS DEN, BILLIARDS : oye 4 :
2348 PINELAND AVE | oe ~
NAPLES, ‘FL 34112 re . se :
And the division has not béen: notifi ad of any other designated person or address for ,
. the-service of process and Notices authorized oy Rute BtAr2, O12, Florida | :
Administrative © Code, . . oe
. 3. Petitioner. intends to revoke: - suspend: annul: impose. administrative fines, /
’ ‘investigative ‘costs, arid late ‘panalties; or any combination'of these authorized a
penalties. This intended ‘action is based on the below described facts or conduct
t
"239.278.7337 ; 4100 Center Point br, #101 wow. MyFloride License, gam
289.278.7997, . Ft Myers FL 33976 . License Efficiently. Flegulate Falrly.
Oct 16 2009 16:37
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7 . ~ . ]
Florida Department: \ at any
Busines Cy? , Ne
ProfassiGral . an
Reguiaton 7 7 hace W. Braga, Secretary
PAGE 8
RE: CASE NUMBER 2009008874
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO '
VS.
SHARKS DEN BILLIARDS ING
D/B/A. SHARKS DEN BILLIARDS
LICENSE NUMBER | BEV210431 7
You, SHARKS DEN. BILLIARDS INC. DIBIA SHARKS DEN BILLIARDS, ate charged with the
. following count(s ):
4. On or about 01/08/2008, you, the aforementioned licensee, or your agent(s), officer(s), servant(s),
» of amployee(s), to wit: Licensee Juan Cabrera, failed to submit ta the Divisian of Alcoholic ,
Beverages and Tobacco, a sworn application, before such person who hag a direct dr indirect
financial interest in the licanse, engaged in the business of manufacturing; bottling, distributing,
“gelling, or in any way dealing in alcoholic beverages on your. premises lleansed under the Beverage |
Law, this act being contrary to and in. violation of, section 561. 17), within 561 PaUTKE), Florida
Statutes. ay wd . ; oes y
2. Onor about 01/08/2008, yout, the aforeniéntioned licenses, or r your ageht(s), off ‘Garis ), servanit(s),
or employse(s), to wit Licensee Juan Cabrera, did unlawfully sign under oath or affirmation; and
falsely swore to-or affirmed a material statement, fo wit On page 8 & 9 Section 4 (Licensee stated
that he was the only Stockholder), and page 15 Section 12, (stated that that he was 100 percent 7
‘Stockholder with no other interested: parties), on your application for a license, this act ot being contrary ois
~te-and in. Molation of. ‘section. 559.794, within: 561. 29(1)(a);- -Florida Statutes. Mtn sateen, ee oe ran te
3. On or sr about 07/31/2008 through 01/22/2009, you, the aforementioned jicansee, or ‘your agent(s 5,
‘officer(s), servani(s), or employee(s),. to wit: Licensee Juan M. Cabrera, did unlawfully on your
. premises licensed-under the Beverage Law or elsewhere while i in the scope of employment, possess
” for resale alcoholic beverages, to wit, 16-ABC’ FINE WINE & SPIRITS RECEIPTS each indicating .
the purchase of assoriment of Alcoholic Beverages, purchased or aequited 1 in any manner froma -
person or entity not licensed’ asa distributor under the Beverage Law, this act being Gontrary ta and
In vietation of section 581. 43) within 561 1.2901 Na, Florida Statutes. ; Do
- Signed this February 24,2009 °° ,
Jarry Geier .
' Director
" Law Enforcement Captain
aay _ -4400,Center Point Dr;, #101 : i erige.Com
_ 289.278.7987 . : FiMyersFL 93916 ‘ License Efficiently. Regulate Fairly.
Docket for Case No: 09-005655
Issue Date |
Proceedings |
Dec. 30, 2009 |
Undeliverable envelope returned from the Post Office.
|
Dec. 18, 2009 |
Order Closing File. CASE CLOSED.
|
Dec. 16, 2009 |
CASE STATUS: Hearing Held. |
Dec. 09, 2009 |
Petitioner's Witness List filed.
|
Nov. 13, 2009 |
Petitioner's First Request to Production of Documents filed.
|
Nov. 13, 2009 |
Petitioner's First Request for Interrogatories filed.
|
Nov. 13, 2009 |
Notice of Serving Petitioner's First Request for Interrogatories and First Request for Production filed.
|
Nov. 13, 2009 |
Notice of Serving Petitioner's First Request for Admissions filed.
|
Nov. 12, 2009 |
Undeliverable envelope returned from the Post Office.
|
Nov. 10, 2009 |
Petitioner's Response to Amended Initial Order filed.
|
Nov. 10, 2009 |
Order of Pre-hearing Instructions.
|
Nov. 10, 2009 |
Notice of Hearing (hearing set for December 16, 2009; 9:30 a.m.; Fort Myers, FL).
|
Nov. 04, 2009 |
Amended Initial Order.
|
Nov. 02, 2009 |
Undeliverable envelope returned from the Post Office.
|
Oct. 20, 2009 |
Petitioner's Response to Initial Order filed.
|
Oct. 19, 2009 |
Initial Order.
|
Oct. 16, 2009 |
Administrative Complaint filed.
|
Oct. 16, 2009 |
Request for Hearing filed.
|
Oct. 16, 2009 |
Agency referral filed.
|