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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs DAYTONA GRAND, INC., D/B/A LOLLIPOPS GENTLEMEN'S CLUB, 10-002486 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-002486 Visitors: 31
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: Oct. 04, 2024
Florida Departmental i) Busines¢A) Professional ; Regulation cout Beg Suo 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. Rm 709 Ovando FL 32801 c T/za 39Nd 980 gezlezeasg 96:88 alaz/TIysa 62:6 OT0Z TT fey Florida Departments? @ Business) Professiorral Regulation chadea Wrage Semeery 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 407.245.0780 Hurston Bidg., N. Tower License Efficiently. Regulate Fairy. Rm 709 Orlando FL 32601 E Tea 3ovd 990 auzigzease 96:88 aBlaz/Itysa 62:6 OT0Z TT fey Florida Department! & Busines¢A) Professional Regulation chutes W. Drago, Secrolry 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. Rm 709 : Oriando FL 32801 ET/Pa bv 250 ALZIZZ6O98 SEIBG a@laZ/TT/sa fZi6 OTOZ TT Rey

Docket for Case No: 10-002486
Source:  Florida - Division of Administrative Hearings

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