Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: DAYTONA GRAND, INC., D/B/A LOLLIPOPS GENTLEMEN'S CLUB
Judges: SUZANNE F. HOOD
Agency: Department of Business and Professional Regulation
Locations: Daytona Beach, Florida
Filed: May 11, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 21, 2010.
Latest Update: Dec. 25, 2024
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PAGE 7
RE: CASE NUMBER 2008041361
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
PETITIONER,
VS. ;
DAYTONA GRAND INC
D/B/A LOLLIPOPS GENTLEMENS CLUB
LICENSE NUMBER BEV7400073 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 PAYTONA GRAND ING herein after
referred to as “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, 561.507, 210.15, 210.16, 210.45,
210.50, 569.003, and 569.006, Florida Statutes.
2. Respondent is, and has been af all times material hereto, the holder of a valid
license/permit, issued in the State of Florida, by the Division of Alcoholic Baverages
and ‘fobacco, Respondent's last known mailing address is as follows:
DAYTONA GRAND ING
D/B/A LOLLIPOPS GENTLEMENS CLUB
643 NORTH GRANDVIEW AVE
DAYTONA BEACH, Fl. 32118
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.
3. Petitioner intends to revoke; suspend; annul; impose administrative fines,
investigative costs, and late penalties; or any combination of these authorized
penaities. This intended action is based on the below described facts or conduct.
400 West Robinson St. ww. MyF lorldal igense.com
407.245.0780 Hurston Bidg., N. Tower License Efficiently. Regulate Fairly.
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PAGE 8
_ RE; CASE NUMBER 2008041361
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
V8.
DAYTONA GRAND INC
D/B/A LOLLIPOPS GENTLEMENS CLUB
LICENSE NUMBER BEV7400073
You, DAYTONA GRAND ING, D/B/A LOLLIPOPS GENTLEMENS CLUB, are charged with the
following caunt(s):
1. Qn or about June 21, 2001 through March 16, 2009, you, the aforementioned licensee, or your
agent(s), officer(s), servant(s), or employee(s), to wit: Sean Bishop (who was disqualifed to hold an
alcoholic beverage license for a period of 15 years commencing on February 27, 2008), failed to
submit to the Division of Alcoholic Beverages and Tobacco a sworn application disclosing this
person, as such person had or has a direct or indirect financial interest in the premises licensed
under the Beverage Law, this act being contrary to and in violation of sections 561 15 and 561.17(1),
within 561.29(1)(a), Florida Statutes.
2. On or about June 21, 2001 through March 16, 2009, you, the aforementioned licensee, or your
agent(s), officer(s), servant(s), or employee(s), to wit: Ronald Bynum (who was disqualifed to hold an
alcoholic beverage license from April 5, 2001 through July 11, 2004), failed to submit to the Division
of Alcoholic Beverages and Tobacco a sworn application disclosing this person, as such person had
or has a direct or indirect financial interest in the premises licensed under the Beverage Law, this act
being contrary to and in violation of sections 561 15and 561.17(1), within 561.29(1)(a), Florida
Statutes.
- 3, On or about September 8, 2003, you, the aforementioned licensee, or your agent(s), officer(s),
servant(s), or employee(s), to wit: Miles Weiss and/or Sean Bishop, did fail to notify the division of a
transfer of 10 percent or more of any financial interest, a change of executive officers or directors, or
a divestiture or resignation of such interest or position, in your business licensed under the Beverage
Law, this act being contrary to and in violation of sections 561.15 and 561.17(3), within 561.29(1)(a),
Florida Statutes. ;
4, On or about February 27, 2007, you, the aforementioned licensee, holding a license under the
Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: Sean Bishop and/or -
Brent Zablo, did unlawfully on your licerised premises or elsewhere while in the scope of
employment, willfully and knowingly making false entries into records required under the Beverage
Law, to wit Submitted an Affidavit of Certification For Stand-Alone Bars and Stand-Alone Bars with
Food, form DBPR ABT-4000A-040, such form requires that the license holder must sign the affidavit
in the presence of a notary, the form was signed in the name of Sean Bishop, such signature being
notarized although Sean Bishop is not the license holder on file with the Division of Alcoholic
Beverages and Tobacco and is not the licensee of racard, under sworn questioning licensee Miles
Weiss stated that the aforementioned form was not signed by Sean Bishop bul was signed by Brent
Zablo, who signed the aforementioned form in the name of Sean Bishop, this act being contrary to *
and in viclation of sections 559,791, 562.45 and 837.06, within 561.29(1)(a), Florida Statutes,
400 West Robinson St. www, /MyFloridalicense.cam
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PAGE 9
RE: CASE NUMBER 2008041361 ;
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
VS.
DAYTONA GRAND ING
D/B/A LOLLIPOPS GENTLEMENS CLUB
LICENSE NUMBER BEV7400073
5, On or about June 20, 2001, you, the aforementioned licensee, or your agent(s), officer(s),
servant(s), or employee(s), to wit: Miles Weiss, did unlawfully sign under oath or affirmation, and
falsely swore to or affirmed a material statement, to wit: failed to disclose Sean Bishop and/or
Ronald Bynum as persons with a direct or indirect interest on your application for a license, this act
being contrary to and in violation of sections 559,791, 562.45 and 837.06 within 561.29(1}(a), Florida
Statutes.
Signed this March 16, 2009
Jerry Geier
Director
Division of Alcaholic Beverages and Tobacco
Explanation of Service:
Date Served -
Received By
Personal
Service By
. Certified Mail #_
Attach Receipt if Served by Mail.
. 400 West Robinson St. www, MyFloridaLiceanse.com
407.248.0760 Hurston Bldg:, N. Tower License Efficiently. Regulate Fairly.
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Docket for Case No: 10-002486
Issue Date |
Proceedings |
Jun. 21, 2010 |
Order Closing File. CASE CLOSED.
|
Jun. 21, 2010 |
Motion to Relinquish Jurisdiction filed.
|
May 19, 2010 |
Order of Pre-hearing Instructions.
|
May 19, 2010 |
Notice of Hearing by Video Teleconference (hearing set for July 7, 2010; 10:00 a.m.; Daytona Beach and Tallahassee, FL).
|
May 18, 2010 |
Joint Response to Initial Order filed.
|
May 12, 2010 |
Notice of Serving Petitioner's First Set of Admissions, Interrogatories and Request for Production filed.
|
May 11, 2010 |
Initial Order.
|
May 11, 2010 |
Notice of Appearance (filed by T. Morton).
|
May 11, 2010 |
Petition for Formal Administrative Hearing filed.
|
May 11, 2010 |
Request for Hearing filed.
|
May 11, 2010 |
Administrative Complaint filed.
|
May 11, 2010 |
Agency referral filed.
|