Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: FRATELLI PIZZA AND BREW, INC., D/B/A FRATELLI PIZZA AND BREW
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Venice, Florida
Filed: Nov. 18, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 10, 2011.
Latest Update: Dec. 24, 2024
Nov 18 2010 9:09
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Professi jal Charla Crist, Governor
Ragulation Charlie Liem, Interim Secratary
PAGE 7
RE: CASE NUMBER 2009014020 .
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
PETITIONER,
VS.
FRATELLI PIZZA & BREW INC
D/B/A FRATELLI PIZZA & BREW
LICENSE NUMBER BEV680 1272 SERIES 2COP
RESPONDENT ‘
ADMINISTRATIVE COMPLAINT
Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as
“petitioner,” and files this administrative complaint against FRATELLI PIZZA & BREW 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:
FRATELLI PIZZA & BREW INC
D/B/A FRATELLI PIZZA & BREW
1055 US 41 BYPASS
VENICE, FL 34292
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.
239.344,0878 2295 Victoria Avenue www MiyFlordalicense,com
ite 145 License Efficiently. Regulate Fairly.
Fi. Myers FL 33901-3884
Nov 18 2010 9:10
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Flerida Dapartmentd,
Business) @ @
Professi i Charla Grist, Governor
Regulation Charlie Liem, Interim Secretary
PAGE 8
RE: CASE NUMBER 2009014020
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
FRATELLI PIZZA & BREW INC
D/B/A FRATELLI PIZZA & BREW
LICENSE NUMBER BEV6801272
You, FRATELLI PIZZA & BREW INC, D/B/A FRATELLI PIZZA & BREW, are charged with the
following courit(s):
4. On or about 12/18/2009, you, the aforementioned licensee, holding a license under the Beverage
Law, did fail to comply with a final order, issued on 10/27/2009, by failing to pay 4 civil penalty in
accordance with monthly payment schedule , this act being contrary to and in violation of section
561,29(1)(k), within 561.29(1)(a), Florida Statutes.
Signed this December 18, 2009
John R. Powell, Director
Divisié6n of Alcoholic Beverages/ang, Tobacco
wWDxo Li
Sabrina Maxwell
Law Enforcement Captain
Explanation of Service:
Date Served
Received By.
Personal
Service By.
Certified Mail #
Attach Receipt if Served by Mail.
239.344.0878 2295 Victoria Avenue www MyFloridabicanse.com
Suite 145 License Efficiently. Regulate Fairly.
Ft. Myers FL 33901-3864
Nov 18 2010 9:10
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@ @
Fratelli Pizza & Brew maintains, and retains material evidence of the fact, thatlit
complied fully with the “FINAL ORDER” “file# 2009-08365” dated “10/13/2009” and
received by “certified mail#7006 2760 0007 4026 4135” mailed on “10/14/2009” by the
Department of Business and Professional Regulation which is THE ONLY ORDER
Fratelli Pizza & Brew has lawful knowledge of. Fratelli Pizza & Brew did not receive any
proper and lawful notice in writing, as required by Jaw, of any materials or paper named
“final order” issued on “10/27/2009” as claimed and proposed in the
“ADMINISTRATIVE COMPLAINT” or any other information regarding the “FINAL
ORDER” of 10/13/2009". Proof of service of the material or paper named “final order”
allegedly issued on “10/27/2009” is the burden of the DIVISION OF ALCOHOLIC
BEVERAGES AND TOBACCO.
As written, the “ADMINISTRATIVE COMPLAINT” is flawed and inaccurate.
Docket for Case No: 10-010260
Issue Date |
Proceedings |
Jan. 10, 2011 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Dec. 27, 2010 |
Undeliverable envelope returned from the Post Office.
|
Dec. 20, 2010 |
Order on Petitioner`s Motion to Relinquish Jurisdiction.
|
Dec. 07, 2010 |
Petitioner's Motion to Relinquish Jurisdiction filed.
|
Dec. 07, 2010 |
Order of Pre-hearing Instructions.
|
Dec. 07, 2010 |
Notice of Telephonic Final Hearing (hearing set for January 28, 2011; 9:30 a.m.).
|
Nov. 24, 2010 |
Petitioner's Response to Initial Order filed.
|
Nov. 23, 2010 |
Notice of Serving Petitioner's First Request for Admissions filed.
|
Nov. 23, 2010 |
Petitioner's First Request for Admissions filed.
|
Nov. 22, 2010 |
Notice of Service of Petitioner's Interrogatories filed.
|
Nov. 22, 2010 |
Petitioner's First Request for Production of Documents filed.
|
Nov. 18, 2010 |
Initial Order.
|
Nov. 18, 2010 |
Request for Hearing filed.
|
Nov. 18, 2010 |
Administrative Complaint filed.
|
Nov. 18, 2010 |
Agency referral filed.
|