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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs WESTSHORE PIZZA SOUTH TAMPA, INC., D/B/A WESTSHORE PIZZA, 10-000132 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-000132 Visitors: 18
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: WESTSHORE PIZZA SOUTH TAMPA, INC., D/B/A WESTSHORE PIZZA
Judges: DANIEL MANRY
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Jan. 12, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 4, 2010.

Latest Update: Dec. 23, 2024
Jan 12 2010 14:06 Al/11/2 : Ble 68:48 8564146749 DBPR OGA PAGE Florida Department Busines , rofessiora Regulation cna Sane PAGE 7 RE: CASE NUMBER 2009039417 ; DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, V5. WESTSHORE PIZZA SOUTH TAMPA INC D/B/A WESTSHORE PIZZA LICENSE NUMBER BEV3910138 SERIES 2COP RESPONDENT ADMINISTRATIVE COMPLAINT Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as “petitioner,” and files this administrative complaint against WESTSHORE PIZZA SOUTH TAMPA ING herein atter referred to as "respondent," and alleges: 1. 813.272.3257 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, 561.901, 210.15, 210.16, 210.45, 210,50, 569.003, and.569,006, Florida Statutes. Respondent is, and has beén at all 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’s last known mailing address is as follows: WESTSHORE PIZZA SOUTH TAMPA'ING DIBA WESTSHORE PIZZA 505 N FRANKLIN STREET TAMPA, FL 33602 And the division has not been notified of any other designated person or address for the service of process and notices authorized by Rule 641A-2.012, Florida Adrrinistrative 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. ey 1343 Tampa St. Flor] 58.60 Park Trammet Bidg, #702 License Efficiently, Regulate Fairly. Tampa FL 33602 63/86 Jan 12 2010 14:06 @1/11/2618 8:48 8584146749 DEPR OGA PAGE 84/86 Florida Dapartments, Business ¢ Professior al Gharle Grist, Governor Regulation Charles W, Drago, Secretary PAGE & RE: CASE NUMBER 2009039417 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO V5. WESTSHORE PIZZA SOUTH TAMPA INC D/B/A WESTSHORE PIZZA LICENSE NUMBER BEV3910138 You, WESTSHORE PIZZA SOUTH TAMPA INC, D/B/A WESTSHORE PIZZA, are charged with the following count(s): 4. On or about 07/30/09, you, the aforementioned licensee, ar your agent(s), officer(s), servant(s), or employeets), to wit: Charles N. Gibson ill, did unlawfully on your premises licensed under the Beverage Law or elsewhere while in the scope of'emplayment, possess for resale alcoholic beverages, to wit: (1)One 1.75L battle of Three Olives Vodka, (1) One 1.75L bottle of Taaka Vodka, (1) One 1L bottle of Captain Morgan's Spiced Rum, (7) One 1L bottle of Jagermeaister, (1) One 750ml bottle of Tequila Corralejo, and (1) One 750m bottle of Tommy Bahama Rum, purchased or acquired in any manner from a person or entity not licensed as a distributor under the Beverage Law, this act being contrary to and in violation of section 561.14(3), within 561.29(1)(a), Florida Statutes. 2. On or about 07/30/09, you, the aforementioned licensee, halding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s) or other person, to wit: Charles N. Gibson III, did unlawfully on your licensed premises, allow or permit the possession of alcoholic beverages, to wit: (1}One 1.75L battle of Three Olives Vodka, (1) One 1.751, bottle of Taaka Vodka, (1} One 1L bottle of Captain Morgan's Spiced Rum, (1) One 4L bottle of Jagermeister, (1) Qne 750ml bottle of Tequila Corralejo, and (1) One 750ml bottle of Tommy Bahama Rum, not authorized by law to be sold under your license, this act being contrary to and in violation of section 562.02, within 561.29(1)(a), Florida Statutes. Signed this October 12, 2009 John Powell . Director pou ae Division of Alecholic BeVérages and Tabacco Ralph Campbell Law Enforcement Acting Captain Explanation of Service: Date Served. Received By. Personal 1913 Tampa St www. MyFlofidabicense.com AE BH Rarrrammel Bidg, #702 License Efficiently, Ragulate Fairly. Tampa FL 33602

Docket for Case No: 10-000132
Issue Date Proceedings
Mar. 04, 2010 Order Closing File. CASE CLOSED.
Mar. 03, 2010 Petitioner's Motion to Relinquish Jurisdiction filed.
Mar. 03, 2010 Pre-hearing Stipulation filed.
Jan. 22, 2010 Order of Pre-hearing Instructions.
Jan. 22, 2010 Notice of Hearing by Video Teleconference (hearing set for March 15, 2010; 9:30 a.m.; Tampa and Tallahassee, FL).
Jan. 19, 2010 Joint Response to Initial Order filed.
Jan. 13, 2010 Initial Order.
Jan. 13, 2010 Petitioner's First Request for Admissions filed.
Jan. 13, 2010 Notice of Serving Petitioner's First Request for Admissions filed.
Jan. 13, 2010 Petitioner's First Request of Production of Documents filed.
Jan. 13, 2010 Notice of Service of Interrogatories filed.
Jan. 12, 2010 Request for Hearing filed.
Jan. 12, 2010 Administrative Complaint filed.
Jan. 12, 2010 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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