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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs SHARKS DEN BILLIARDS, INC., D/B/A SHARKS DEN BILLIARDS, 09-005655 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-005655 Visitors: 42
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
1la/15/2689 11:17 8584146749 DEPR OGA Oct 16 2009 16:37 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 16/15/2669 11:17 8584146749 DEPR OGA PAGE 85/85 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.
Source:  Florida - Division of Administrative Hearings

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