Florida Departments Busines Professi Regulation Rick Scott, Governor Ken Lawson, Secretary 8 I PAGE 7 RE: CASE NUMBER 2013008293 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. BRIAN BORUS SPORTS BAR & GRILL INC D/B/A BRIAN BORUS SPORTS BAR & GRILL LICENSE NUMBER BEV6015765 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 BRIAN BORUS SPORTS BAR & GRILL 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. 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: BRIAN BORUS SPORTS BAR & GRILL INC D/B/A BRIAN BORUS SPORTS BAR & GRILL 2720 NELSON DRIVE PALM SPRINGS, FL 33461 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. 561.650.6840 111 S. Sapodilla Ave., #105 www, MyFloridaLicense.com West Palm Beach FL 33401 License Efficiently. Regulate Fairly. Florida Departmente! Busines Professi Regulation Rick Scott, Governor Ken Lawson, Secretary —_— a Rr Le ision, Secretary PAGE 8 RE: CASE NUMBER 2013008293 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. BRIAN BORUS SPORTS BAR & GRILL INC D/B/A BRIAN BORUS SPORTS BAR & ‘GRILL LICENSE NUMBER BEV6015765 You, BRIAN BORUS SPORTS BAR & GRILL INC, D/B/A BRIAN BORUS SPORTS BAR & GRILL, are charged with the following count(s): Explanation of Service: Date Served 1. On or about February 01, 2012 through March 31, 2012 and May 01, 2012 through dune 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: (Karen L. Quinteros), 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(3)(a)1, Florida Administrative Code and section 561.20(2)(a)4 within 561.29(1)(a), Florida Statutes, 2. On or about February 01, 2012 through March 31, 2012 and May 01, 2012 through June 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: (Karen L. Quinteros), did fail to derive at least 51 percent of your gross revenue from sales of food and non-alcoholic beverages as required to qualify for your license, this act being contrary to and in violation of rule 61A-3.041(3)(a), Florida Administrative Code and section 561.20(2)(a)4 within 561.29(1)(a), Florida Statutes. 7 Signed this April 11, 2013 Robert A. Douglas, Director Division of Alcoholic Beverages and Tobacco “Sy Carmen Puentes-Croye Law Enforcement Captain Received By Personal Service By. Certified Mail #. Attach Receipt if Served by Mail. 561.650.6840 111 S. Sapodilla Ave., #105 www. MyFloridalLicense.com West Palm Beach FL 33401 License Efficiently. Regulate Fairly.

Docket for Case No: 13-002413