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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs SKYY NITE CLUB, INC., D/B/A SKYY, 11-004634 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-004634 Visitors: 4
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: SKYY NITE CLUB, INC., D/B/A SKYY
Judges: F. SCOTT BOYD
Agency: Department of Business and Professional Regulation
Locations: Gainesville, Florida
Filed: Sep. 14, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 6, 2011.

Latest Update: Mar. 15, 2025
Florida Departmel Bu s ines Professi Regulation PAGE 7 o 8 @ Rick Scott, Governor Charlie Liem, Secretary RE: CASE NUMBER 2011012514 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. SKYY NITE CLUB INC D/B/A SKYY LICENSE NUMBER BEV1100213 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 SKYY NITE CLUB 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. 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: SKYY NITE CLUB INC D/B/A SKYY 10 SW 2ND STREET 952.333.2515 GAINESVILLE, FL 32601 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. 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. 240 N.W, 76th Dr., Suite B www. MyFioridaLicense.com Gainesville FL 32607 License Efficiently. Regulate Fairly. Filed September 14, 2011 1:53 PM Division of Administrative Hearings Bus Departmentyt Busi ness? @ @ Brotessikt ral nick Seat 6 Regulation hate Liem, Secretary PAGE 8 RE: CASE NUMBER 2011012514 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. . SKYY NITE CLUB INC » DIB/A SKYY LICENSE NUMBER BEV1100213 You, SKYY NITE CLUB INC, D/B/A SKYY, are charged with the following count(s): 1. On or about 03/11/2011, you, the aforementioned licensee, holding a license, issued or transferred.after September 30;-1988; under the Beverage Law, did fail to maintaimthe licensed... ... premises in an active manner:in-which the-licensed premises was open for business to the public for » ; the bona fide retail sale of authorized alcoholic beverages during regular and reasonable business hours for at least 8 hours a day for a period of 210 days or more during any 12-month period commencing 6 months after the acquisition of the license, this act being contrary to and in violation of section 561.29(1)(i), within 561.29(1)(a), Florida Statutes. Signed this March 11, 2011 John R. Powell, Director Division of Alcoholic Beverages and Tobacco on re Lance B. Kelly Lance B. Kelly Law Enforcement Captain Explanation of Service: Date Served Received By. Personal Service By. Certified Mail # Attach Receipt if Served by Mail. 362,333,2515 240 N.W. 76th Dr., Suite B www. MyFloridaLicense.com Gainesville FL 32607 License Efficiently, Regulate Fairly.

Docket for Case No: 11-004634
Issue Date Proceedings
Dec. 06, 2011 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Nov. 30, 2011 Motion to Relinquish Jurisdiction filed.
Oct. 20, 2011 Order Denying Motion to Dismiss.
Oct. 18, 2011 Petitioner's Response to Motion to Dismiss filed.
Oct. 17, 2011 Order Granting Extension of Time and Re-scheduling Hearing by Video Teleconference (hearing set for December 14, 2011; 9:30 a.m.; Gainesville and Tallahassee, FL).
Oct. 13, 2011 Motion to Dismiss filed.
Oct. 13, 2011 Motion for Extension of Time filed.
Sep. 21, 2011 Order of Pre-hearing Instructions.
Sep. 21, 2011 Notice of Hearing by Video Teleconference (hearing set for November 4, 2011; 9:30 a.m.; Gainesville and Tallahassee, FL).
Sep. 20, 2011 Joint Response to Initial Order filed.
Sep. 15, 2011 Initial Order.
Sep. 15, 2011 Notice of Serving Petitioner's First Request for Admissions, First Set of Interrogatories, and Request for Production filed.
Sep. 14, 2011 Notice of Appearance (Thomas Morton) filed.
Sep. 14, 2011 Agency referral filed.
Sep. 14, 2011 Request for Hearing filed.
Sep. 14, 2011 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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