Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: AVS OF USA, INC., D/B/A EXPRESS FOOD MART
Judges: D. R. ALEXANDER
Agency: Department of Business and Professional Regulation
Locations: Lakeland, Florida
Filed: Sep. 14, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 27, 2015.
Latest Update: Dec. 23, 2024
Florida Departmenta
Business’
Prof oS bt ;
Regulation ken Lawson, Sourelary
PAGE 7
RE: CASE NUMBER 2015002688 .
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
“PETITIONER,
VS.
AVS OF USA INC
D/B/A EXPRESS FOOD MART
LICENSE NUMBER BEV6304677 SERIES 2APS
RESPONDENT
. ADMINISTRATIVE COMPLAINT
Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as
“petitioner,” and files this administrative complaint against AVS OF USA 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:
AVS OF USA INC ;
DIBIA EXPRESS FOOD MART
2727 THORNHILL RD
AUBURNDALE, FL 33823
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. .
813,272,3257 1313 Tampa St. * www.MyFloridaLicense.com
Park Trammel Bldg, #702 License Efficiently. Regulate Fairly.
Tampa FL 33602
Florida Department
Busines
Professional .
Regulation | | webb Ser
PAGE 8
RE: CASE NUMBER 2015002688
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
vs.
AVS OF USA INC
D/B/A EXPRESS FOOD MART
LICENSE NUMBER BEV6304677
You, AVS OF USA INC, D/B/A EXPRESS FOOD MART, are charged with the following count(s):
4. On or about 05/03/2013, you, the aforementioned licensee, holding a license to sell cigarettes, did
fail to collect and remit the excise tax required by law to the Division of Alcoholic Beverages and
Tobacco by no later than the 10th day of the month following the calendar month in which the taxes
were incurred, to wit: the audit period 09/28/2010 — 06/14/2011, this act being contrary to and in
violation of section 210.55(1)}, within 210.16, Florida Statutes.
2. On or about 05/03/2013, you, the aforementioned licensee, holding a license: to sell cigarettes, did
fail, neglect, or refused to comply: with, or violated the provision of the rules promulgated by the
Division, this act being contrary to and in violation of section 210.65, within 210.16, Florida Statutes.
Signed this February 10, 2015
Thomas R. Philpot, Director
Division of Aicgkolic Beverages and Tobacco
Victor Neal
Law Enforcement Captain
Explanation of Service:
Date Served
Received By.
Personal Service By. (sign)
Personal Service By. (print)
Service Location
Certified Mail #__
*Aitach Receipt if Served by Mail.
813.272.3267 1313 Tampa St. vow. MyFloridaLicense.com
Park Trammel Bidg, #702 License Efficiently. Regulate Fairly.
Tampa FL 33602
Docket for Case No: 15-005041
Issue Date |
Proceedings |
Oct. 27, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Oct. 27, 2015 |
Petitioner's Unopposed Motion to Relinquish Jurisdiction filed.
|
Sep. 24, 2015 |
Order of Pre-hearing Instructions.
|
Sep. 24, 2015 |
Notice of Hearing by Video Teleconference (hearing set for November 20, 2015; 9:30 a.m.; Lakeland and Tallahassee, FL).
|
Sep. 23, 2015 |
Joint Response to Initial Order filed.
|
Sep. 14, 2015 |
Notice of Serving Petitioner's First Set of Admissions, Interrogatories and Request for Production filed.
|
Sep. 14, 2015 |
Initial Order.
|
Sep. 14, 2015 |
Request for Hearing filed.
|
Sep. 14, 2015 |
Administrative Complaint filed.
|
Sep. 14, 2015 |
Agency referral filed.
|