May 12 2010 13:14 @5/12/2010 12:27 8589221278 OGC ; PAGE 03/87 rote pore ry @ Busines ProfessidFial i0- WIR Regulation Chav W. Drage, Sooeiany PAGE 7 RE: .CASE NUMBER 2009026902 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. GJ UPTOWN ENTERPRISE INC D/B/A UPTOWN 21 LICENSE NUMBER BEV2609550 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 GJ UPTOWN ENTERPRISE INC 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, 561.501, 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: GJ UPTOWN ENTERPRISE INC . DIBJA UPTOWN 21 5941 RICHARD STREET JACKSONVILLE, FL 32256 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 penalties. This intended action is based on the below described facts or conduct. 104.727.5550 7880 Arlingion Exp.. #800 wa, lorie 904.727.85 Jacksonville FL 32211-7470 License Efficiantly, Regulate Fairly May 12 2010 13:14 05/12/2018 12:27 8569221278 OGc PAGE 64/07 Florida Department? Business’ 8 ® . profess ‘al Chavtie Crtat, Gove Regulation Charies W. Droge: Sooretary PAGE 8 RE: CASE NUMBER 2009026902 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. GJ UPTOWN ENTERPRISE INC D/B/A UPTOWN 21 LICENSE NUMBER BEV2609550 You, GJ UPTOWN ENTERPRISE INC, D/B/A UPTOWN 21, are charged with the following count(s): 1. On or about May 21, 2009, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit: Jervard Priester, 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: Nuvo, Hennessy, Crown Royal Vodka and Grey Goose Vodka 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 May 21, 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: Alexander Car! ‘Mastrobattisto, did unlawfuily on your licensed premises or elsewhere while in the scope of Vodka bottles with other Grey Goose Vodka bottles, this act being contrary to and in vidlation of section 565.11, within 561.29(1)(a), Florida Statutes. 3. On or about May 21 , 2009, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit: Jervard Priester, 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 section 561.17(3), within 561.29(1)(a), Florida Statutes. 4. On or about June10, 2009, you, the aforementioned licensee, holding a quota license under the - Beverage Law, did unlawfully fail to maintain records of all monthly sales and of all monthly purchases of alcoholic beverages and failed to produce such records for inspection by, Special Agent Everett within 14 Gays of written request therefor, this act being contrary to and in violation of saction 561.29(1)()), within 564 -29(1)(a), Florida Statutes. 5. On or about May 21, 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: Jervard Priester, did unlawfully on your licensed Premises, fail to discontinue the sale of alcoholic beverages when the service of full course meals had been discontinued, this act being contrary to and in violation of rule 61A-3.0141(3)(d), Florida Administrative Code. within 561.29(1)(a), Florida Statutes. Signed this July 11, 2009 Debi Pender Interim Director Division of Alcoholic Beverages and Tobacco 904.727.5550 7960 Arlington Exp,, #600 daLicense.con www, Jacksonville FL 32211-7470 License Efficiantly. Regulate Fairly May 12 2010 13:15 PAGE 05/87 Q5/12/2018 12:27 8509221278 OGC Settlement 1.) We ask that in some instances ABT forgive us and issue wamings. And in others if ABT sees fit to fine us, please do it for much fess than the numbers in the paperwork, 2.) NIA a g : 4 s 4 ge. : a 33 2 Hl g 3 s o é Ff g [ gz to comply and dot all our I’s and cross our T's, 4.) We do not want to make this an adverse matter but we by no means want to have our licenses revoked! 5.) Again, we have tough economic times like the rest of the country, But if necessary we can poy cost on a payment schedule, 6.) If necessary, we will forfeit our Product taken which we badly necd, to settle this stipulation. Hopefully the product can replace the possibility of suspension of our license, 7.) We have no interest in any fees or anything regarding this matter. We want to settle and move on. From this point forward we will comply and obey your rules, 8.) No. We totally disagree with any revocation, Revocation is not an option, 9.) Please understand that this stipulation wil! kill a smajl minority owned business that's responsible for over 50 jobs in the community, ‘ . 10.) SEE PAPERWORK EVERYTHONG HAS BEEN CORRECTED. MW) Corrective Actions A) We have educated our employees- No more marrying bottles B.) Food will always be sold and wo have & caterer contracted if there is ever a problem. C.) We do not and will not purchase vendor to vendor. D.) We now know the Jaws concerning changing of officers and we will never do that again without your knowledge. 12.) N/A May 12 2010 13:15 PAGE @6/87 85/12/2018 12:27 8589221278 oG@c Non-Guideline Stipulation RE: CASE NUMBER 2009026902 GJ UPTOWN ENTERPRISE INC, D/B/A UPTOWN 21, LICENSE NUMBER BEV2609550 SERIES 4COP ! 1) No. Respondent qdmits that : | yee with less than a month employment did marry two bottles of Grey Goose. officer. Again we ask forgiveness because we would never go against the law with knowledge of doing so. Please give us a warning for this matter or lessen the fine amount. 2.) Yes we are licensed as a vendor and our license number is BEV2609550 series 4cop. Conclusions of Law J.) Yes anst No. A.) In the matters of change of officers and the marrying of bottles, those are facts, We had no knowledge of the laws and ask for either warnings or lesser fines. May 12 2010 13:15 @5/12/2818 12:27 85992212798 oGe PAGE 07/87 a Mra Tneripe Office of the Genora! Counse} Bialida Dejartinents, . Hhael Roce, Chie ha y usINess/A) ; Alcohol Beverages & Tobacco ior . 1940 North Monroa Streat, Sulte Professidfal : Tallahassee, FL 32399-2202 Regulation Phone: 850.488.0062 « Fax: 850.488.5074 Charile Liem, interim Secretary Chartle Crist, Governor April 12, 2010 Jervard Priester 5004 Princely Avenue Jacksonville, Florida 32208 Subject: GJ Uptown Enterprise, Inc., d/b/a Uptown 21 Case No.: 2009-026902 . Dear Mr. Priester: Please find enclosed a Consent Order setting forth the terms and conditions we offer ag settlement of this matter. Please review the document and contact my office if you have any questions. If you find the Consent Order ‘acceptable, please have it signed and retum: the original to my office. Please note that the matter is not settled until the Director has accepted and signed the Consent Order. IfT do not hear back from you. by the close of business on April 23, 2010, I will assume that you arc no longer interested in Settling these matters, and the case will be sent to the Division of Administrative Hearings for a formal hearing. Please feel free to contact me at (850) 922-3050 with any questions you may have, Sipcerely, faakan ad WU awa Assistant General Counsel Alcoholic Beverages and Tobacco

Docket for Case No: 10-002828