Hlorida Departments Business) @ © Professl Fla | Charlie Crist, Governor Regulation Charlie Liem, Secretary PAGE 7 RE: CASE NUMBER 2010052983 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. CAFE RED ROCK LLC D/B/A RED ROCK SALOON LICENSE NUMBER BEV4606583 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 CAFE RED ROCK LLC 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: CAFE RED ROCK LLC D/B/A RED ROCK SALOON 2278 FIRST STREET FORT MYERS, FL 33901 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, MyFloridaLicense.com . Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884 Filed October 5, 2011 4:57 PM Division of Administrative Hearings Florida Departments Busines © Professioral on Regulation Ghar Liem Secretery PAGE 8 RE: CASE NUMBER 2010052983 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. CAFE RED ROCK LLC D/B/A RED ROCK SALOON LICENSE NUMBER BEV4606583 You, CAFE RED ROCK LLC, D/B/A RED ROCK SALOON, are charged with the following count(s): 4. On or about 11/24/2010, you, the aforementioned licensee, holding a license under the Beverage Law, did fail to derive at least 51 percent of your gross revenue from sales of food and non-alcoholic beverages as required to qualify for your license, this act being contrary to and in violation of section 561.20(2)(a)4, within 561.29(1)(a), Florida Statutes. 2. On or about 11/24/2010, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: Café Red Rock LLC, did unlawfully on your licensed premises, fail to maintain separate records of all purchases and gross retail sales of food and non-alcoholic beverages and all purchases and gross retail sales of alcoholic beverages on your licensed premises for a period of 3 years or failed to produce such records to the Division of Alcoholic Beverages and Tobacco within 14 days of request for such records, this act being contrary to and in violation of rule 61A-3.0141(3)(a)1, Florida Administrative Code. within 561.29(1)(a), Florida Statutes. Signed this December 14, 2010 John R. owell, Director Divisio’ of Alcoholic Beverages and Tobacco Sabrina Maxwell Law Enforcement Captain Explanation of Service: Date Served. Received By. Personal Service By. Certified Mail # ACTA PEIQAAS AEETION Attach Receipt if Served by Mail, 239.344.0878 2295 Victoria Avenue www.MyFloridaLicense.com Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884

Docket for Case No: 11-005134