05/14/2011 15:05 8504145749

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DBPR OGA

PAGE 03

Ronda Dep,;rtmeme

Busines£"";{)1 Protessib'rfclI

Regulation Charlie Crist, Govl!!rnOr

CMl'i1e Liem, Ssctet:ary

PAGE7

RE: CASE NUMBER 2010039609

DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER,

VS.

BOTTLE CLUB LLC THE D/B/A EYZ WIDE SHUT II

LICENSE NUMBER BEV3900167 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 BOTTLE CLUB LLC THE 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, i,:;sued in the State of Florida, by the Division of Alcoholic Beverages and Tobacco. Respondent's last 1<:nown mailing address is as follows:

   
   

   BOTTLE CLUB LLC THE

   D/8/A EYZ WIDE SHUT II

   105 US HWY 301 SOUTH, STE 110

   TAMPA, FL 33619

   
   

   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.

S13.272.3257 1313 Tompo St

Perk Trsll'trTlel Bldg 1 #702

Tampa FL 33602

WWW,My lorld3Llgense,gon;

L.icense E:fficiently, Regulate Fairly,

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DBPR OGA

PAGE 04

Flonoa Department_<(

Regulation

Businesstt)J Professi6'rfa I

Ch.:trlle Cris.I, GQvernor

C:hoe1rlle Liem, Seeretaty

PAGES

RE: CASE NUMBER 2010039609

DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO

vs.

BOTTLE CLUB LLC THE

D/8/A EYZ WIDE SHUT 11

LICENSE NUMBER BEV3900167

You, BOTTLE CLUB LLC THE, D/B/A EYZ WIDE SHUT II, are charged with the following count(s):

1. On or about 11/23/2009, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit: Licensee Alvaro Cardona, did unlawfully sign under oath or affirmation, and falsely swore to or affirmed a material statement, to wit: Cardona signed on page 17 Section 13" Affidavit/Applicant Notarization Required of form DBPR ABT-6035 - Application for Transfer of

   Ownership that he was the only persons with an interest in the premii;;e and failed to disclose the ownership of Andrew and Susan J. Harrow and Eyes Wide Shut LLC, on your application for a license, this act being contrary to and in violation of section 559.791: within 561.29(1)(a), Florida Statutes.

   
   

2. On or about 11/23/2009, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit: Susan J. Harrow and Andrew Harrow, failed to submit to the Division of Alcoholic Beverages and Tobacco, a sworn application, before such person who has a direct or indirect financial interest in the license, engaged in the business of manufacturing, bottling, distributing, selling, or in any way dealing in alcoholic beverages on your premises licensed under the Beverage Law, this act being contrary to and in violation of section 561.17(1)', within

   561.29(1)(a), Florida Statutes.

   
   

3. Between 11/2312009 to the present date, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), or other person(s) to wit: Licensee Alvaro Cardona, Susan J. Harrow and Andrew Harrow, did unlawfully on your licensed premises or elsewhere while in the scope of employment, conspire to violate the Beverage Law, Florida Statutes 559.791 and 561.17, and commited an act to effect the object of the conspiracy, to wit: Cardona conspiried with Susan J. Harrow and Andrew Harrow to conceal the Harrow's ownership in the premise and submitted a false application, this act being contrary to and in violation of section 562.23;· within 561.29(1)(a), Florida Statutes.

   
   

4. On or about 7/512010 and 7116/2010, 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 or failed to produce such records for inspection within 1O days of written request therefor, this act being contrary to and in violation of section 561.29(1)0);' within 561.29(1)(a), Florida Statutes.

813.272.3257 131s iampe St.

Park Trammel Bldg, #70:2

T;.mpa FL 33602

WWW MyFloridelicen e com

License !::.fflclEntly, Rsg1,1l te Fairly.

05/14/2011 15:05

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8504145749 DBPR OGA

PAGE 05

Regulation

Florida DepartmMm Busines J Professi 'al

Charlie Crist, Governor

Ch r1l0 l,lem, sei:r1;n11ry

PAGE 9

RE: CASE NUMBER 2010039609

DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO

vs.

BOTTLE CLUB LLC THE D/BIA EYZ WIDE SHUT II

LICENSE NUMBER BEV3900167

Signed this November 30, 2010

John R. Powell, Oirector

Division of Alcoholic Beverages .ind Tobacco

Explanation of Service: Date Served                         _

Received By                            _

Personal Service By      

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

e,

,.2,2,3257 1313 Tampa SI­

Pi.i!rk Trammel Bldg, #702

Tampa FL. 3 602

IWIW MvF1orldallcen2e com

L.ii::cnse Eff\clont1y, Ragul:11te Falrly,

Docket for Case No: 11-002990