“Florida Departments BUSINES Professi PAGE 7 RE: CASE NUMBER 2012003787 i Regulation Rick Scott, Governor Ken Lawson, Secretary DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. AZUCAR RESTAURANT AND NIGHT CLUB INC D/B/A AZUCAR RESTAURANT AND NIGHT CLUBIINC . LICENSE NUMBER BEV3910739 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 AZUCAR RESTAURANT AND NIGHT CLUB INC herein after referred to as “respondent,” and alleges: : 1. 813.272.3257 * Administrative Code. 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 Alcoholi¢ Beverages and Tobacco, Respondent's last known mailing address is as follows: AZUCAR RESTAURANT AND NIGHT CLUB INC D/B/A AZUCAR RESTAURANT AND NIGHT CLUB INC 6710 HANLEY RD TAMPA, FL 33634 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 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. 1313 Tampa St. www. MyFloridaLicense.com Park Trammel Bldg, #702 License Efficiently. Regulate Fairly, Tampa FL 33602 Filed October 1, 2012 2:12 PM Division of Administrative Hearings Florida Department Busines¢( Professional Regulation ken Lawson’ Secretary PAGE 8 RE: CASE NUMBER 2012003787 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. AZUCAR RESTAURANT AND NIGHT CLUB INC D/B/A AZUCAR RESTAURANT AND NIGHT CLUB INC LICENSE NUMBER BEV3910739 You, AZUCAR RESTAURANT AND NIGHT CLUB INC, D/B/A AZUCAR RESTAURANT AND NIGHT CLUB INC, are charged with the following count(s)! 1. Between January 21 2012 and April 29 2012, you, the aforementioned licensee, holding a license under the Beverage Law, did fail to provide the required seating to serve 100 persons full course meais at tables at one time 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, Between January 21 2012 and April 29 2012, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: LISVET MARTINEZ and NELSON MARTINEZ, did unlawfully on your licensed premises, fail to discontinue the sale of alcoholic beverages when the service of full course meals had been discontinued, this act being contrary to and in violation of rule 61A-3.0141(3)(d), Florida Administrative Code. within 561.29(1)(a), Florida Statutes, 3. Between January 1 2012 and April 30 2012, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: LISVET MARTINEZ and NELSON MARTINEZ, 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 ail purchases arid 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 tojand in violation of rule 61A- 3.0141(3)(a)1, Florida Administrative Code within 561.29(1)(a), Florida Statutes. 4. Between Januaryi 2012 and April 30 2012, you, the aforementioned licensee, holding a license under the Beverage Law, did fail to derive at least 54 percent of your gross revenue from sales of food and non-alcoholic beverages as required to qualify fon your license, this act being contrary to and in violation of section 561.20(2)(a)4, within 561.29(1)(a), Florida Statutes. 813.272.3257 1313 Tampa St. www MyFloridaLicense.com Park Trammel Bldg, #702 License Efficiently. Regulate Fairly. Tampa FL 33602 Florida Departmentst Busines Professiofral Regulation PAGE 9 RE: CASE NUMBER 2012003787 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. AZUCAR RESTAURANT AND NIGHT CLUB INC D/B/A AZUCAR RESTAURANT AND NIGHT CLUB INC LICENSE NUMBER BEV3910739 Explanation of Service: " Date Served Received By. Personal Service By. Certified Mail # Attach Receipt if Served by Mail. 813.272.3257 Signed this June 12, 2012 Robert A. Douglas, Director Rick Scott, Governor Ken Lawson, Secretary Division of Alcoholic Beverages and Tobacco he kM Victor D. Neal Law Enforcement Captain 1343 Tampa St. Park Trammel Bldg, #71 Tampa FL 33602 Fo) Ps] MyFloridaLicense.com License Efficiently. Regulate Fairly.

Docket for Case No: 12-003240