Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: STEER MILL, INC., D/B/A TOP OF THE MAST
Judges: LINZIE F. BOGAN
Agency: Department of Business and Professional Regulation
Locations: Fort Myers, Florida
Filed: Aug. 29, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 30, 2012.
Latest Update: Dec. 23, 2024
Bus Departs,
Busi resi
Professiorial
Regulation
Rick Scott, Governor
Ken Lawson, Secretary
NUMBER 2012030159
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
PETITIONER,
STEER MILL INC
D/B/A
TOP OF THE MAST
LICENSE NUMBER BEV4600123 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 STEER MILL INC herein after referred to
as “respondent,” and alleges:
1.
239.344.0878
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:
| STEER MILL INC
D/B/A TOP OF THE MAST
i P O BOX 4026
FT MYERS BEACH, FL 33932-4026
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.
|
|
2295 Victoria Avenue www.MyFloridaLicense.com
Suite 145 License Efficiently. Regulate Fairly.
Ft. Myers FL 33901-3884
Filed August 29, 2012 2:27 PM Division of Administrative Hearings
Florida Department?
Business.»
Professional
Regulation ceri Scat. Sova
PAGE 8
RE: CASE/NUMBER 2012030159
DIVIS
VS.
STEE
DIBIA
ION OF ALCOHOLIC BEVERAGES AND TOBACCO
R MILL INC
jFOP OF THE MAST
LICENSE NUMBER BEV4600123
|
You, STEER MILL INC, D/B/A TOP OF THE MAST, are charged with the following count(s):
4. On or about 07/10/12 and 07/11/12, you, the aforementioned licensee, holding a license under
the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: Carol Young, while
in the scop
e of employment, did unlawfully sell or serve alcoholic beverages, to wit: 3 — 120z bottles
of Bud Light Beer, in a building, room, or other area not part of the licensed premises as described
on the skectch submitted with the license application, this act being contrary to and in violation of
section 562106, within 561.29(1)(a), Florida Statutes.
' Signed this July 30, 2012
Robert A. Douglas, Director
Division of Alcoholic Beverages and Tobacco
; Victor Neal
f Law Enforcement Captain
Explanation of Service:
Date Served
Received By
Personal
Service By.
Certified Mail #_ +8S3SORd6 COH33BADYNASBAS
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: 12-002883
Issue Date |
Proceedings |
Nov. 09, 2012 |
Affidavit of W. Gus Belcher, II Supporting Respondent's Motion to Vacate October 30, 2012 Order filed.
|
Nov. 09, 2012 |
Respondent's Motion to Vacate October 30, 2012 Order filed.
|
Nov. 06, 2012 |
Notice of Service of Respondent Steer-Mill, Inc. d/b/a Top of the Mast's Answers to Petitioner's First Set of Interrogatories to Respondent filed.
|
Oct. 31, 2012 |
Respondent Steer-Mill, Inc. d/b/a Top of the Mast's Response to Petitioner's First Request for Admissions filed.
|
Oct. 31, 2012 |
Respondent Steer-Mill Inc. d/b/a Top of the Mast's Response to Petitioner's First Request for Production filed.
|
Oct. 31, 2012 |
Notice of Service of Respondent Steer-Mill, Inc. d/b/a Top of the Mast's Unverified Answers to Petitioner's First Set of Interrogatories to Respondent filed.
|
Oct. 30, 2012 |
Order (closing file). CASE CLOSED.
|
Oct. 29, 2012 |
Notice of Available Hearing Dates filed.
|
Oct. 23, 2012 |
Status Report on the October 22 Hearing filed.
|
Oct. 17, 2012 |
Petitioner's Motion to Compel Discovery and in the Alternative, Entry of an Order Relinquishing Jurisdiction filed.
|
Oct. 12, 2012 |
Order Granting Continuance (parties to advise status by October 31, 2012).
|
Oct. 10, 2012 |
Joint Motion to Continue filed.
|
Oct. 10, 2012 |
Respondent Steer-Mill Inc. d/b/a Top of the Mast's (Proposed) Supplemental Exhibit List filed.
|
Oct. 05, 2012 |
Notice of Taking Deposition (of S. Strauss and R. McDole) filed.
|
Oct. 01, 2012 |
Respondent Steer-Mill, Inc., d/b/a Top of the Mast's (Proposed) Exhibit List as Required by Initial Order dated August 30, 2012 filed.
|
Oct. 01, 2012 |
Respondent's First Request for Admission to Petitioner filed.
|
Oct. 01, 2012 |
Respondent Steer-Mill, Inc., d/b/a Top of the Mast's Witness List as Required by Initial Order Dated August 30, 2012 filed.
|
Sep. 11, 2012 |
Notice of Serving Petitioner's First Set of Admissions, Interrogatories, and Request for Production filed.
|
Sep. 07, 2012 |
CASE STATUS: Pre-Hearing Conference Held. |
Sep. 07, 2012 |
Order of Pre-hearing Instructions.
|
Sep. 07, 2012 |
Notice of Hearing by Video Teleconference (hearing set for October 30, 2012; 9:30 a.m.; Fort Myers and Tallahassee, FL).
|
Sep. 07, 2012 |
Order (Petitioner shall file status report on or before October 23, 2012).
|
Sep. 07, 2012 |
Joint Response to Initial Order filed.
|
Aug. 30, 2012 |
Initial Order.
|
Aug. 29, 2012 |
Agency referral filed.
|
Aug. 29, 2012 |
Request for Hearing filed.
|
Aug. 29, 2012 |
Administrative Complaint filed.
|