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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs TORCHYS, LLC, D/B/A TORCHY'S, 15-005491 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-005491
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: TORCHYS, LLC, D/B/A TORCHY'S
Judges: LINZIE F. BOGAN
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Sep. 30, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 2, 2015.

Latest Update: Jul. 02, 2024
Florida Departmentd Busines Professiorral Regulation: ken Lawson, Seorelary PAGE 7 RE: CASE NUMBER 2014052295 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. TORCHYS LLC D/B/A TORCHYS- : LICENSE NUMBER BEV3911163 SERIES 2COP RESPONDENT ADMINISTRATIVE COMPLAINT Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as “petitioner,” and files this administrative complaint against TORCHYS LLC herein after referred to as “respondent,” and alleges: | 4, 813.272.3257 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: TORCHYS LLC D/B/A TORCHYS PO BOX 242 ODESSA, FL 33556 ‘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. 1313 Tampa St. www.MyFloridalicense.com Park Trammel Bldg, #702 License Efficiently. Regulate Fairly. Tampa FL 33602 . ; i t : t Florida Departments Busines Professi al Rick Scatt, Governor Regulation Ken Lawson, Secretary PAGE 8 RE: CASE NUMBER 2014052295 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS, . : TORCHYS LLC DIB/A TORCHYS LICENSE NUMBER BEV3911163 You, TORCHYS LLC, D/B/A TORCHYS, are charged with the following count(s): 4. On 1120/15, you, the aforementioned licensee, holding a license under the Beverage Law, did unlawfully maintain a licensed premises that was unsanitary or not approved as sanitary by (Florida Department of Health — Hillsborough County), this act being contrary to and in violation of section 561.29(1)(d), within 561.29(1)(a), Florida Statutes. 2. On §/19/15, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit: (JORDAN TORCH), did unlawfully on your premises licensed under the Beverage Law or elsewhere while in the scope of employment, possess for resale alcoholic beverages, to wit: (1 — 750 bottle of Jack Daniels — Tennessee Fire, 1 ~ 750ml bottle of Ole Smoky Tennessee Moonshine), purchased or acquired in any manner from a person or entity not licensed as a distributor under the Beverage Law, this act being contrary to and in violation of section 561.14(3), within 561.29(1)(a), Florida Statutes. 3. On 5/49/45, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s) or other person, to wit: (JORDAN TORCH) did unlawfully on your licensed premises, allow or permit the possession of alcoholic beverages, to wit: (1-750 bottle of Jack Daniels ~ Tennessee Fire, 1 — 750ml bottle of Ole Smo Tennessee Moonshine), not authorized by law to be sold under your license, this act being contrary to and in violation of section 562.02, within 561.29(1)(a), Florida Statutes. 4, On 6/02/15, you, the aforementioned licensee, or your agent(s), officer(s), servant(s), or employee(s), to wit: (JORDAN TORCH, MARSHA TORCH), did unlawfully on your premises licensed under the Beverage Law or elsewhere while in the scope of employment, possess for resale alcoholic beverages, to wit: (20 —120z bottles of Budweiser Beer, 15 — 4 20z bottles of Miller Lite Beer, 56 — 120z bottles of Budlight Beer, 2 — 120z bottles of Two Hearted Ale, 14 ~ 1202 bottles of Coors Light Beer, 8 ~ 120z bottles of Corona Extra Beer, 2 — 120z bottles of Red Stripe Beer, 3 — 120z cans of Barney Flats Oatmeal Stout, 18 ~120z bottles of Heineken Beer, 3 — 120z bottles of Corona Light Beer, 6 — 120z bottles of Sweet Water IPA, 1 ~ 120z bottle of Roque Chocolate Stout, 3 - 120z cans of Guinness Beer, 8 — 120z bottles of Tecate Beer, 2 120z cans of Boddington’s Pub Ale, 9 — 120z bottles of Dos Equis XX Beer, 5 ~ 120z bottles of Bass, 2 — 120z bottles of New Castle Brown Ale. 7 ~ 120z bottles of Rounder Belgian Style Ale, 11 — 120z cans of Buried Hatchet Stout, 2— 120z cans of Invasion Pale Ale § — 1202 cans of IPK India Pale Ale, 1 - 120z can of Cubano Style Expresso, 1 — 120z can of Jai Alai india Pale Ale, 3 ~ 120z bottles of Estaminet, 3 — 120z bottles of Old Thumper, 2 — 1202 bottles of Florida Avenue Blueberry, 1 — 120z can of Florida Cracker White Ale, 8 — 12 bottles of Portage New Belgium, 4 ~ 120z bottles of Farmhouse Red, 1 — 120z bottle of Blue Moon Belgian White, 3 - 120z bottles of Sam Adams White Christmas. 1— 120z bottle of New Castle Caledonian, 1 — 120z bottle of H. IPA India Pale Ale, 1 —12o0z bottle of SOI Cerveza Ne er ett ten len ie om OE NOE OT SUI Cerveza, 813.272.3257 1313 Tampa St. www. MyFloridalLicense.com Park Trarmmel Bldg, #702 License Efficiently. Regulate Fairly. Tampa FL 33602 Florida Departrnente Busines ; Professional nick Scot, Go - Regulation Ken Lawson, Secretary PAGE 9 RE: CASE NUMBER 2014052295 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. : : TORCHYS LLC D/B/A TORCHYS LICENSE NUMBER BEV3911163 1- 120z bottle of Steen Brugge Tripel, 1 ~ 120z bottle of Dundee English Style Ale, 1 — 120z bottle of Flying Fish October, 2 ~ 120z bottles of Roscoe’s Amber Ale, 1 — 120z bottle of Hefe Weizen Immorta Beloved, 1 — 1202 bottle of Leinenhugel’s Berry Weiss, 1 ~ 120z bottle of Leinenhugel’s Summer Shady, 2 — 120z bottle of Leinenhugel’s Helles Yeah, 3 — 120z bottle of Leinenhugel’s Canoe Paddler, 2 — 120z bottles of Dundee Porter, 2 — 120z bottles of Anar Orchard Cinnful Apple, 18 — 120z bottles of Michelob Ultra Beer, 1 — 120z bottle of Hofbrau Hefe Weizen, 1 — 120z bottle of Hofbrau Original, 1 — 120z bottle of Dundee India Pale Ale. 2 — 120z bottles of Shock Top Shockolate Wheat, 2 — 420z bottles of New Castle Indian Pale Ale 4 ~ 120z bottles of Sweet Water Brewery Corp Georgia Brown, 1 — 120z bottle of Two Brothers Artisan Brewing Wobbie India Pale Ale, 1 — 1202 bottle of Small 471 Batch, 2 — 120z bottles of Founders All Day IPA Session Ale, 2 ~ 120z bottles of Shipyard Export, 1 — 120z bottle of Shipyard American Pale Ale, 1 — 120z bottle of Shipyard Prelude Special Ale, 4 — 120z bottles of Roscoe’s Hop House Pale Ale, 1 — 120z bottle of Roscoe’s Hop House India Pale Ale, 1 — 1202 bottle of Dogfish Head Palo Santo Marron, 5 ~ 120z bottles of Sweet Water Extra Pale Ale 420, 1 ~ 120z bottle of Burton Baton Dogfish Head, 1 — 120z bottle of Titan IPA India Pale Ale, 7 ~ 1pt 60z bottle of Bear Republic Big Bear Black Stout, 1 — 1pt 6oz bottle of Lighthouse Porter, 1 ~ 1202 bottle of Eastside. Dark, 2 ~ 1pt 6oz bottle of Roque Chocolate Stout, 2 — 120z bottles of Castaway India Pale Ale, 1 — 120z bottle of Samuel Adams Harvest Saison, 1 —120z bottle of Samuel Adams Lattitude 48 IPA, 1 — 120z bottle of Magic Hat Dream Machine IPL. 1 ~ 1202 bottle of Single Chair Golden Ale, 1 ~ 120z bottle of Lagunita’s Little Sumpin Sumplnale, 1 - 1202 bottle of Farm House Red Saison Flanders Style Ale, 1 — 120z bottle of Tiegerbrau Malt Beverage, 3 — 120z bottle of An Orchard Summer Honey, 3 — 120z bottles of An Orchard Green Apple, 6 - 120z bottles of An Orchard Apple Ginger, 6 ~ 120z bottles of Angry Orchard Crisp Apple, 3 ~ 120z bottles of Stella Artois, 11 — 120z bottles of Blue Moon), purchased or acquired in any manner from a person or entity not licensed as a distributor under the Beverage Law, this act being contrary to and in violation of section §61.14(3), within 561.29(1)(a), Florida Statutes. . Signed this June 30, 2015 Thomas R. Philpot, Director Division of Alcoholic Beverages & Tobacco id Merrill. ; Law Enforcement Captain (Acting) 813.272.3257 1313 Tampa St. www.MyFloridalicense.com Park Trammel Bidg, #702 License Efficiently. Regulate Fairly. Tampa FL 33602 Florida Departments Busines - Professioral . Regulation efit eon, Gover PAGE 10 RE: CASE NUMBER 2014052295 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. TORCHYS LLC DIB/A TORCHYS LICENSE NUMBER BEV3911163 Explanation of Service: Date Served Received By Personal Service By (sign) Personal Service By (print) Service Location Certified Mail # *Attach Receipt if Served by Mail, 813.272.3257 1313 Tampa St. . www. MyFloridalicense.com Park Trammel Bidg, #702 License Efficiently. Regulate Fairly. Tampa FL 33602

Docket for Case No: 15-005491
Source:  Florida - Division of Administrative Hearings

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