Feb 24 2010 15:02 g2/2a/281e 8:43 8584146749 DEPR OGA PAGE Florida Departments Business), @ © Professi Coa. Regulation charlea W Drage. Sewer PAGE 7 RE: CASE NUMBER 2009002628 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. JUAN'S ISLA LLC D/B/A UNDERTOW LICENSE NUMBER BEV4101814 SERIES 4COP RESPONDENT ADMINISTRATIVE COMPLAINT Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as “petitioner,” and files this acministrative complaint against JUAN'S ISLA LLC herein after referred to ag "respondent," and alleges: 1. 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. 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 last known mailing address is as follows: JUAN'S ISLA LLC D/B/A UNDERTOW 2726 10TH AVE VERO BEACH, FL 32960 And the division has not been notified of any other designated person or address for the service of process and noticas authorized by Rule 61A-2.012, Florida Administrative Code. 3. Petitioner intends to revoke; suspend; annul; impose administrative fines, investigative costs, and late penalties; or any combination of these authorized penalties. This Intended action is based on the below described facts or conduct. 4976 S. 25th St www MyFlordablcense.com 772.468.3927 FL Piarea FL 34987 Ligense Efficienty, Regulate Falrly, a3/@5 Feb 24 2010 15:02 g2/2a/281e 8:43 8584146749 DEPR OGA PAGE @4/@5 Bus Department Bem ° ° Re ae a Charla Grist, Governor Regulation rir Sy PAGE & RE: CASE NUMBER 2009002628 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO V8. JUAN'S ISLA LLC D/B/A UNDERTOW LICENSE NUMBER BEV4101814 You, JUAN'S ISLA LLC, D/B/A UNDERTOW, are charged with the following count(s): 4. On or about 01/15/2009, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit: (Katherine Wagner), did unlawfully on your premises licensed under the Beverage Law or elsewhere while in the scope of employment, possess for resale alcoholic beverages, to wit: (1.75L Dewar's Whisky), purchased or acquired in any manner from a person or éntity 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 01/15/2009, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: (Katherine Wagner), did unlawfully on your licensed premises or elsewhere while in the scope of employment, reuse or refill with distilled spirituous liquors for the purpose of sale a bottle or other container which had once been used to contain spirituous liquors, to wit! (1.75L Dewar's Whisky and refilled the 1L Dewar's Whisky), this act being contrary to and in violation of section 565.11, within 561.29(1 (a), Florida Statutes. Signed this January 20, 2009 Jerry Geier | Director Division of Alcoholic Beverages and Tobacco Kent Stanton Law Enforcement Lieutenant Explanation of Service: Date Served Received By Personal Service By. Certified Mail # a y 4576 §. 25th St. www, MyFlorida licanse.com AttachPRveipt if Served by Mail. Ft. Pierce FL 34981, License Efficiently, Regulate Fairly.

Docket for Case No: 10-000979PL