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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs USA ENTERTAINMENT GROUP, INC., D/B/A CLUB CINEMA, 13-000962 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-000962 Visitors: 10
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: USA ENTERTAINMENT GROUP, INC., D/B/A CLUB CINEMA
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Mar. 18, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 30, 2013.

Latest Update: Sep. 29, 2024
Florida Department Busines¢() Professional wien sean. : i |, Gove f Regulation ken Lewson, Secreiny PAGE 7 1 RE: CASE NUMBER 2011051111 ; DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, vs. USA ENTERTAINMENT GROUP INC D/B/A CLUB CINEMA LICENSE NUMBER BEV1600337 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 USA ENTERTAINMENT. GROUP INC 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: USA ENTERTAINMENT GROUP INC D/B/A CLUB CINEMA 3251 NORTH FEDERAL HWY POMPANO BEACH, FL 33064 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 5080 Gocenut 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 Florida Department Business) Professional Regulation ken Lawson, Seorlary PAGE 8 RE: CASE NUMBER 2011051111 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. USA ENTERTAINMENT GROUP INC D/B/A CLUB CINEMA LICENSE NUMBER BEV1600337 You, USA ENTERTAINMENT GROUP INC, D/B/A CLUB CINEMA, are charged with the following count(s): 1. On or about OCTOBER 26", 2011, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit! MARIE GRACE FRONTERA, CORPORATION: PRESIDENT, 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: POMPANO BEACH MUSIC CINEMA, this act being contrary to and in violation of section 561.17(3), within 561.29(1)(a), Florida Statutes. 2. On or about OCTOBER 26™, 2010 TO PRESENT, you, the aforementioned licensee, TO WIT: MARIE GRACE FRONTERA, CORPORATION PRESIDENT, holding a license, issued or transferred after September 30, 1988, under the Beverage Law, did fail to maintain the licensed premises in an active manner in which the licensed premises was open for business to the public for the bona fide retail sale of authorized alcoholic beverages during regular and reasonable business hours for at least 8 hours a day for a period of 210 days or more during any 12-month period commencing 6 months after the acquisition of the license, this act being contrary to and in violation of section §61.29(1)(i), within 561.29(1)(a), Florida Statutes. 3. On or about OCTOBER 26", 2011, you, the aforementioned licensee, holding a quota license under the Beverage Law, did unlawfully fail to maintain records of all monthly sales and of ail monthly purchases of alcoholic beverages and failed to produce such records for inspection by, SPECIAL AGENT BRADLEY FRANK within 14 days of written request therefor, this act being contrary to and in violation of section 561.55(3), within 561.29(1)(a), Florida Statutes. Signed this December 28", 2011 Robert A. Douglas, Director Division of Alcoholic Beverages and Tobacco ig (CA, toe. Yon Sua ttt Tmen Puentes-Croye w Enforcement Captain Explanation of Service: Date Served Received By Persona! Service By. Certified Mail # Attach Receipt if Served by Mail. 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.fl.us

Docket for Case No: 13-000962
Issue Date Proceedings
Oct. 30, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 28, 2013 Joint Motion for Order Relinquishing Jurisdiction filed.
Sep. 17, 2013 Order Allowing Withdrawal of Counsel.
Sep. 17, 2013 Order Allowing Withdrawal of Counsel.
Sep. 13, 2013 Motion to Withdraw filed.
Sep. 13, 2013 Motion to Withdraw filed.
Sep. 13, 2013 Respondent's Response to Petitioner's Request for Production filed.
Sep. 05, 2013 Order Denying Motion to Compel.
Sep. 04, 2013 Notice of Discovery Deadline filed.
Aug. 29, 2013 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 11, 2013; 9:00 a.m.; Lauderdale Lakes, FL).
Aug. 28, 2013 Petitioner's Response to Respondent's Motion for Continuance filed.
Aug. 27, 2013 Respondent's Unopposed Motion for Continuance and Request for Expedited Ruling filed.
Aug. 27, 2013 Notice of Appearance (Samuel Rubert) filed.
Aug. 16, 2013 Petitioner's (Corrected) Motion to Compel filed.
Aug. 16, 2013 Petitioner's Motion to Compel filed.
Aug. 15, 2013 Notice of Postponement of Deposition (of C. Weisman, S. Frontera, and M. Frontera) filed.
Jul. 12, 2013 Notice of Taking Deposition (of C. Weisman and S. Frontera) filed.
Jul. 12, 2013 Notice of Serving Petitioner's Second Set of Interrogatories and Request for Production filed.
Jul. 09, 2013 Respondent's Response to Petitioner's Request for Admissions filed.
Jul. 09, 2013 Respondent's Response to Petitioner's Request for Production (w/o documents attached) filed.
Jul. 09, 2013 Respondent's Response to Petitioner's First Request for Responses to Interrogatories filed.
Jul. 09, 2013 Respondent's Notice of Serving Respondent's First Set of Interrogatories and Request for Production filed.
Jun. 26, 2013 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 23, 2013; 9:00 a.m.; Lauderdale Lakes, FL).
Jun. 24, 2013 Respondent's Motion for Continuance filed.
Jun. 24, 2013 Respondent's Motion for Extension of Time to file Responses to Discovery Requests filed.
Jun. 24, 2013 Notice of Appearance (Tiffany Eaton) filed.
Jun. 10, 2013 Order Granting Motion to Compel.
May 30, 2013 Petitioner's Motion to Compel filed.
May 15, 2013 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for August 7, 2013; 9:00 a.m.; Lauderdale Lakes, FL).
May 15, 2013 Order Granting Withdrawal of Counsel.
May 14, 2013 Postponement of Deposition filed.
May 14, 2013 Petitioner's Response to Respondent's Motion to Withdraw and Continue filed.
May 14, 2013 Motion to Withdraw as Counsel or Record (Law Offices of Darren P. Covar, P.A.) filed.
Apr. 30, 2013 Notice of Taking Deposition (of C. Weisman, S. Frontera, and M. Frontera) filed.
Apr. 19, 2013 Notice of Serving Petitioner's First Set of Admissions, Interrogatories, and Request for Production filed.
Apr. 01, 2013 Order of Pre-hearing Instructions.
Apr. 01, 2013 Notice of Hearing by Video Teleconference (hearing set for June 14, 2013; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Mar. 26, 2013 First Amended Administrative Complaint filed.
Mar. 26, 2013 Joint Response to Initial Order filed.
Mar. 20, 2013 Initial Order.
Mar. 18, 2013 Motion to withdraw as Counsel of Record filed.
Mar. 18, 2013 Order Granting withdrawal of Counsel filed.
Mar. 18, 2013 Request for Hearing filed.
Mar. 18, 2013 Notice of Appearance/Plea of not Guilty filed.
Mar. 18, 2013 Administrative Complaint filed.
Mar. 18, 2013 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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