Florida Departmentef Busines Professional wick Scot ¢ Reguation ent PAGE 7 RE: CASE NUMBER 2011054733 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, ; VS. SABI LLC D/B/A MOBY RICK'S BAR-B-Q LICENSE NUMBER BEV1615407 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 SABI LLC herein after referred to as “respondent,” and alleges: 4. 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: SABI LLC DIB/A MOBY RICK'S BAR-B-Q 11542 TIMBERS WAY BOCA RATON, FL 33428 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 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. Tel: 954.917.1346 6080 Coconut Creek Pkwy. www, MyFloridaLicense.com Fax: 954.917.1357 Suite C License Efficiently. Regulate Fairly. Margate FL 33063-3942 debra.nicoletti@dbpr.state.fl.us Filed July 24, 2012 3:04 PM Division of Administrative Hearings Florida Departments? Busines ProfessiSrral . Regulation contin Sore PAGE 8 RE: CASE NUMBER 2011054733 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. SABI LLC D/B/A MOBY RICK'S BAR-B-Q LICENSE NUMBER BEV1615407 You, SABI LLC, D/B/A MOBY RICK'S BAR-B-Q, are charged with the following count(s): 4. On or about December 6, 2011, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: Nathan Baum, 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, Florida Administrative Code and 561.20(2)(a)4, within 561.29(1)(a), Florida Statutes. 2. On or about December 6, 2011, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit: Nathan Baum, 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: various brands of beer, purchased or acquired in any manner from a person or entity not licensed as a distributor under the Beverage Law, to wit: Publix and Walmart, this act being contrary to and in violation of section 561.14(3), within 561.29(1)(a), Florida Statutes, 3. On or about December 6, 2011, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit: Nathan Baum, 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, to wit; Richard Baum, this act being contrary to and in violation of section 561.17(4), within 561.29(1)(a), Florida Statutes. Tel: 954.917.1346 5080 Coconut Creek Pkwy. www. MyFloridaLicense.com Fax: 954.917.1357 Suite C License Efficiently. Regulate Fairly. Margate FL 33063-3942 debra.nicoletti@dbpr.state.fi.us Florida Department Busines Professi Regulation PAGE 9 RE: CASE NUMBER 2011054733 VS. SABI LLC D/B/A MOBY RICK'S BAR-B-Q LICENSE NUMBER BEV1615407 Explanation of Service: Date Served Received By. i Personal Service By. Certified Mail # Attach Receipt if Served by Mail. Tel: 954.917.1346 Fax: 954.917.1357 armen Puentes-Croye Law Enforcement Captain 5080 Coconut Creek Pkwy. Suite C Margate FL 33063-3942 Rick Scott, Governor Ken Lawson, Secretary DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO Signed this February 13, 2012 Robert A, Douglas, Director Division of Alcoholic Beverages and Tobacco US, Postal Servieam - CERTIAED Aa RECEIPT SS timewiispstcom: Samet OFFICIAL USE Postmark Return Receipt Fee Here (Endorsement Required) CERRRD AS SABI LLC ?O0b erbo G0Ge 2339 1204 www. MyFloridaLicense.com License Efficiently. Regulate Fairly. debra.nicoletti@dbpr.state.flus

Docket for Case No: 12-002522