02/09/2011 15:04

:=1ondc) par,:mernc!

Busines ?Q,

Profess1Gnal

Regulation

Feb 9 2011 15:18

8504145749 DBPR OGA PAGE 03

•

Char11e Crl!it, Governor Charlie Liem, Interim s c.retsry

PAGE 7

RE: CASE NUMBER 2010021613

DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER,

VS.

SD PERALTA ENTERPRISE INC DIS/A TU PAIS MARKET

LICENSE NUMBER BEV5809163 SERIES 2APS RESPONDENT

ADMINISTRATIVE COMPLAINT

-Comes now,·the Division of Alcoholic Beverages and Tobacco, herein after "referred to as "petitioner," and files this administrative complaint against SD PERALTA ENTERPRISE INC herein after referred to as "respondent," and alleges:

1. Petitioner is the state agency charged with supervising businesses licen'sed 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 time>, 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:

   
   

   SD PERALTA ENTERPRISE INC D/B/A TU PAIS MARKET

   807 PINE ST

   ORLANDO, FL 32824.

   
   

   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 lines,

- investigative costs, and late penalties: or any combination of these authorized penalties. This intended action is based on the below described facts or conduct.

407.245.0?B0 400 West Robinson St.

l-lur 1on Bldg., N, Tower

Rm 7D9

Orlando FL 32801

WWW MvElorld;allcense com

Lk:en!!:e Effo: lently, Regulate Fairly,

02/09/2011 15:04

Feb 9 2011 15:18

•

8504145749 DBPR OGA PAGE 04

Florida Dei:e11men td Busjnesr;" 1 Protessi/s>' 'al

Regulation

Charil!! Crlal, Governor

CharUe Ll!!m, lfllerln, Sstr l rv

PAGE 8

RE: CASE NUMBER 2010021613

DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS.

SD PERALTA ENTERPRISE INC D/B/A TU PAIS MARKET LICENSE NUMBER BEV5809163

You, SD PERALTA ENTERPRISE INC, D/B/A TU PAIS MARKE:T, are charged with the following count(s):

1. On or about 4/26/2010, you, the aforementioned licensee, holding a license as a retail tobacco product dealer, did fail to collect and remit the cigarette surcharge tax required by law to the Division of Alcoholic Beverages and Tobacco by no later than the 10th day of the month following the calendar month in which the taxes were incurred, to wit: 211/2008 through 12/31/2009, this act being contrary to and in violation of section 210.011(6), within 210.16, Florida Statutes.

   
   

2. On or about 2110/2010, you, the aforementioned licensee, holding a license as a retail tobacco product dealer, did fail to apply lo the Division for the change of corporate officers to wit resignation of corporate officer Eleuteria Duran and subsequest addition of corporate officer Thomas R. Cruz, Jr., this act being contrary to and in violation of Section 569 003, within 569.006, Florida Statutes.

Signed this May 11, 201O Nicholas Monday, Acting Director

Division of Alcoholic Beverages and Tobacco

RodneyTilley

Law Enforcement Captain

Explanation of Service:

Date Served,                                                     Received By                                                     

Personal

Service Byr                                                           

Certified Mail#.                      _ Attach Receipt if Served by Mail.

407. 245,0780 400 west Robinson St.

Hurston Bldg.. N. Tower

Rm 709

Orl:ando FL 32801

www,MyFlotidaLlceose com

l.icense Efficiently, Regulate Fairly.

Docket for Case No: 11-000672