Florida Departmentef Busines) Professional . Regulation rat So ovens PAGE 6 RE: CASE NUMBER 2011057128 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, Vs. ALLEN HERBERT D/BIA CLEAR VIEW LOUNGE LICENSE NUMBER BEV6001249 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 ALLEN HERBERT 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: ALLEN HERBERT D/B/A CLEAR VIEW LOUNGE 524 W ATLANTIC AVENUE DELRAY BEACH, FL 33444 561.650.6840 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 civil penalties, investigative costs, and late penalties; or any combination of these authorized penalties. This intended action is based on the below described facts or conduct. 111 S. Sapodilla Ave., #105 www. MyFloridaLicense.com West Palm Beach FL 33401 License Efficiently. Regutate Fairly. Filed June 12, 2012 10:03 AM Division of Administrative Hearings 3. Florida Department Business) Professional Regulation refit Set, Somme PAGE 7 RE: CASE NUMBER 2011057128 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. ALLEN HERBERT D/B/A CLEAR VIEW LOUNGE LICENSE NUMBER BEV6001249 You, ALLEN HERBERT, D/B/A CLEAR VIEW LOUNGE, are charged with the following count(s): 1. On or about 02/10/2012, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit: (Herbert Allen), did unlawfully on your premises licensed under the Beverage Law or elsewhere while in the scope of employment, possess for resale alcoholic beverages, to wit: (5 assorted label brands of sealed and unsealed bottles of liquor), purchased or acquired in any manner from a person or entity not licensed as a distributor under the Beverage Law, this act being contrary to and in violation of section 561.14(3), within 561.29(1)(a), Florida Statutes. 2. On or about 02/10/2012, 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, to wit: (Herbert Allen), did unlawfully on your licensed premises, allow or permit the possession of alcoholic beverages, to wit: (5 assorted label brands of sealed and unsealed bottles of liquor), not authorized by law to be sold under your license, this act being contrary to and in violation of section 562.02, within 561.29(1)(a), Florida Statutes. On or about:02/03/2012,.you, the.aforementioned licensee, holding a license under the Beverage Law-orvyour-agent(s):officer(s),:servant(s);-or employee(s), to wit: (Herbert Allen), did unlawfully on your licensed premises, sell alcoholic beverages, to wit: (Seagram’s Gin and cranberry juice), not permitted or authorized to be sold under your license, to wit: (Sale of Liquor on a Series 2COP), this act being contrary to and in violation of section 562.12(1), within 561.29(1)(a), Florida Statutes. Signed this February 13, 2012 Robert A. Douglas, Director Division of Alcoholic Beverages and Tobacco | AS Priscilla Turner Law Enforcement Captain Explanation of Service: Date Served Received By. Personal Service By. Certified Mail Hs Sapodilla Ave., #105 www, MyFloridaLicense.com West Palm Beach FL 33401 License Efficiently. Regulate Fairly. Attach Receipt if Served by Mail.

Docket for Case No: 12-002031