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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs BILLARES TAMPA BAY, INC., D/B/A BILLARES TAMPA BAY AND CLUB WHITE, 10-009313 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-009313 Visitors: 18
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: BILLARES TAMPA BAY, INC., D/B/A BILLARES TAMPA BAY AND CLUB WHITE
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Sep. 27, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 4, 2010.

Latest Update: Dec. 24, 2024
Sep 27 2010 11: aa’ 26/2818 85:47 8584146749 DEPR OGA ° ei PAGE f 11/13 Fonda Department Busines Rea Maton | Gharia Gnat, Governor eT Chathe Ligm, intanm Secretary PAGE 7 PE: CASE NUMBER 2009064953 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. BILLARES TAMPA BAY ING D/B/A BILLARES TAMPA BAY AND CLUB WHITE LIGENSE NUMBER BEV3901062 SERIES 4COP RESPONDENT ADMINISTRATIVE COMPLAINT & titioner,” and files this administrative complaint against BILLARES TAMPA BAY INC herein after "eto now, the Division of Alcoholic Beverages and Tobaceo, herein after referred to as referred to as “respondent,” and alleges: 1. Petitioner is the state agency charged with supervising businesses licensed under the Florida beverage, tobacce and tax, and tobacco products permit laws pursuant to sections 559.064, 661.07, 561.15, 567.19, 561,29, 861.501, 210.15, 210.16, 210.48, 210.50, 669.003, and 569,006, Florida Statutes. 2. Respondent is, and has been at all times matenal 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: _BILLARES TAMPA BAY ING D/B/A BILLARES TAMPA BAY AND CLUB WHITE 7532 NORTH ARMENIA AVE SUITE & TAMPA, FL 33604 And the division has not been notified of any other designated person or address for the service of pracess and notices authorized by Rula 61A-2.012, Florida Administrative Code, . 3. Petitioner Intends to ravoke; suspend, annul; impose administrative fines, investigative costs, and late penalties; or any combination of these authorized penalties. This intended action ig based on the below described facts or conduct. 1313 Tampa St yew. MyFlondabicgnge,cor) 813 272.3257 Park Trammet Bldg, #702 Licanse Efficiently Regulate Farly Tampa FL 39602 Sep 27 2010 11:11 a9/26/2018 @5:47 ssadi4e7a9 DEPR OGA PAGE 12/13 Florida Depa Bus nes roressl ‘ Regulation carte Le tnlanm Seretaiy PAGE 8 RE: CASE NUMBER 2008064953 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS BILLARES TAMPA BAY ING D/B/A BILLARES TAMPA BAY AND CLUB WHITE LICENSE NUMBER BEVa901062 You, BILLARES TAMPA BAY INC, D/B/A BILLARES TAMPA BAY AND CLUB WHITE, are charged with the fallowing count(s); 4, On or about 12/17/2009, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), pfficar(s), servant(s), oF employee(s), did unlawfully on your licensed premises, parmit, allow, or possess gambling machina(s) or devica(s}, to wit: Dyna Cherry Master Slot Machine # 06874, which upon the insertion of any piece of money, coin, or other object, |s caused to operate such machine(s) of device(s) and the user, by reason of any element of chance or of any other outcome of such operation unpredictable, may receive money, cradit, allowance, or other of valua, this act being contrary to and in violation of section 849.16(1), within 561.29(1)(a), Florida Statutes. 2, On or about 1/21/2010, you, the aforementioned licansee, holding a license under the Beverage Law, or your agent(s), officar(a), servant(s), oF employee(s), did unlawfully on your heensed premises, permit, allow, or possess gambling machine(s) or device(s), to wit: Oyna Cherry Master Slot Machine #08875, which upon the insertion of any piece of money, coin, of other object, is caused to operate such machine(s) or device(s) and the user, by reason of any elament of chance or of any other outcome of such operation unpredictable, may recalve money, credit, allowance, or other of value, this act being contrary ta and in violation of saction 849,16(1), within 561,25(1)(a), Florida Statutes. 3, On or about 1/21/2010, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), did unlawfully on your licansed premises, pérmit, allaw, or possess gambling machine(s) or device(s), to wit. Astro Wastern Venture Slot Machine # 068764, which upon the insertion of any piece of money, coin, of other object, is caused to operate such machine(s) or device(s) and the user, by reason of any element of chance ar of any other outcome of such operation unpredictable, may receive money, credit, allawance, or other of value, this act being contrary to and in violation of section 849.16(1), within 581.29(1)(a), Florida Statutes. 4, On or about 2/11/2010, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servani(s), or employee(s), did untawfully on your licansed pramisas, permit, allow, or possesa gambling maching(s) or device(s), to wit: Dyna Cherry Master Slot Machine # 06875, which upon the insertion of any piece of money, coin, or other object, is caused to operate such machina(s) or davice(s) and the user, by reason of any element of chance or of any other outcome of such operation unpredictable, may receive money, credit, allowance, or other of value, this act being contrary to and in violation of section 849. 16(1), within 561.29(1}(a), Florida Statutes, 1313 Tampa St. ey My lorma ly eanse, eo) 813.272 3257 Park Traminet Bldg, #702 License Eficantly Regulate Faltty Tampa Fl 33802 Sep 27 2010 11:11 aa’ 26/2818 85:47 8584146749 : DEPR OGA PAGE 13/13 Rlotida Departments! Busines Professigrral Regulation crate Leriaaren Samay §. On or about 2/11/2070, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), did unlawfully on your ficensed premises, permit, allow, or possess gambling. tiachina(s) or device(s), to witiDyna Cherry Master Slot Machine # 06874, which upon the Insertion of any pieca of money, coin, or other object, 1s caused to operate such machine(s) or device(s) and the user, by reason of any element of chanea or of any other outcame of such operation unpredictable, may raceive money, credit, allowance, or other of value, this act being cantrary to and in violation of section 849.16(1), within 561,29(1)(a}, Florida Statutes. 6. Betwean 12/17/2009 and 2/25/2010, you, the aforementioned licensee, holding a license under the beverage Law did keep, exercise or maintain & gaming table of room, or gaming implements or apparatus, or house, booth, tent, shelter or other place for the purpose of gaming or gambling or in any place of which she or he may directly or Indirectly have charge, contrel ar management, either exclusively or with others, procures, suffers or permits any person to play for money or other valuable thing at any game whatever, whether heretofore prohibited or not, this act being contrary to and in violation of section 849.01, within 661 .29(1)(a), Florida Statutes. Signed this April 30, 2010 John R. Powell, Director Division of Alcoholic Beverages and Tobacco Alene? Voorn Clones Thomas Connors Acting Law Enforcement Captain Explanation of Service. Date Served, Received By. ; Personal Service By___—_ Certified Mail#___ Attach Receipt if Served by Mail. 1313 Tampa St way MyFlondal jena 6om 843.272: 3257 * Park Trammell Bids, #702 ucanse Efficiently. Regulate Farty “Tampa FL. 33602

Docket for Case No: 10-009313
Issue Date Proceedings
Nov. 04, 2010 Order Closing File. CASE CLOSED.
Nov. 01, 2010 Joint Motion to Relinquish Jurisdiction filed.
Oct. 15, 2010 Order of Pre-hearing Instructions.
Oct. 15, 2010 Notice of Hearing by Video Teleconference (hearing set for November 16, 2010; 1:30 p.m.; Tampa and Tallahassee, FL).
Oct. 12, 2010 Notice of Transfer.
Oct. 05, 2010 Petitioner's Response to Initial Order filed.
Sep. 28, 2010 Notice of Service of Interrogatories filed.
Sep. 28, 2010 Petitioner's First Request of Production of Documents filed.
Sep. 28, 2010 Petitioner's First Request for Admissions filed.
Sep. 28, 2010 Notice of Serving Petitioner's First Request for Admissions filed.
Sep. 27, 2010 Initial Order.
Sep. 27, 2010 Final Order filed.
Sep. 27, 2010 Order Setting Aside Final Order and Granting Hearing filed.
Sep. 27, 2010 Administrative Complaint filed.
Sep. 27, 2010 Motion to Set Aside Default filed.
Sep. 27, 2010 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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