Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: SWEET H20, INC., D/B/A HIGH OCTANE SALOON SALES AND SERVICE
Judges: E. GARY EARLY
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Oct. 12, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 14, 2016.
Latest Update: Dec. 25, 2024
Floxida Departments
Businesg4>
Professional : mick Soot, Gov
Regulation Ken Lawson, Secretary
PAGE 7
RE: CASE NUMBER 2013037059
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
PETITIONER,
VS.
SWEET H20 INC
D/B/A HIGH OCTANE SALOON SALES & SERVICE
LICENSE NUMBER BEV1900603 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 SWEET H20 INC herein after referred to
as "respondent,” and alleges:
1. Petitioner is the staté 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, 564.29, 561.501, 210.15, 210, 18, 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 Aicoholic Beverages
and Tobacco. Respondent's last known mailing address is as follows:.
SWEET H20 INC
D/B/A HIGH OCTANE SALOON SALES & SERVICE
1590 S. SUNCOAST BLVD
HOMOSASSA, FL 34448
And the division has nat 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.
352.333.2515 240 NW. 76th Or., Suite B ‘ www.MyFloridaLicense.
Gainesville FL. 32607 : License Efficiently, Regulate Falrly.
Floris Departmenty,
Business)
Professional
Regulation ret Set, Soren
PAGE 8
RE: CASE NUMBER 2013037059
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
VS.
SWEET H20 INC
D/B/A HIGH OCTANE SALOON SALES & SERVICE
LICENSE NUMBER BEV1800603
You, SWEET H20 INC, D/B/A HIGH OCTANE SALOON SALES & SERVICE, are charged with the
following count(s):
14. On or about March 6, 2014, you, the aforementioned licensee, holdirig a license under the
Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: Douglas Doty, did
unlawtully on your licensed premises, did then and there unlawfully keep a gambling room, to wit:
the defendant owns 1590 S. Suncoast Blvd, Homosassa, Citrus County Florida, to house gambling
implements, which you have charge and-control, management over and did allow person(s) to play
for money, this act being contrary to and in violation of section 849.01, within 561.29(1)(a), Florida
Statutes.
2, On or about December 10, 2013, you, the aforementioned licensee, holding a license under the
Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: Douglas Daty, did
unlawfully on your licensed premises possess machine(s) or device(s) or system or network of
devices that is adapted in such a way that, upon activation, which may be achieved by, but is not
limited to, the insertion of any piece of money, coin, account number, code; or other object or
information, such device or system indirectly or indirectly caused to operate or may be operated and
if the user, whether by application of skill or by reason of any element of chance or any other
outcome unpredictable by the user, may receive or become entitled to receive any piece of money,
cradit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or
otherwise, which may be exchangéd for any money, credit, allowance, or thing of value or which
may be given in trade, this act being contrary to and in violation of section 849.16, within
561.29(1){a), Florida Statutes. :
3. On or about January 9, 2014, you, the aforementioned licensee, holding a license under the
Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: Douglas Doty, did
unlawfully on your licensed premises possess machine(s) or device(s) ar system or network of
devices that is adapted in such a way that, upon activation, which may be achieved by, but is not
limited to, the insertion of any piece of money, coin, account number, code, or other object or
information, such device or system indirectly or indirectly caused to operate or may be operated and
if the user, whether by application of skill or by reason of any element of chance or any other
outcome unpredictable by the user, may receive or become entitled to receive any piece of money,
credit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or
otherwise, which may be exchanged for any money, credit, allowance, or thing of value or which
may be given in trade, this act being contrary to and in violation of section 849.16, within
§61.29(1)(a), Florida Statutes.
352.333.2515 240 NW. 76th Dr., Suite B www. MyFloridalt
www. MyFlorida License.com
Gainesville FL 32607 License Efficiently. Regulate Fairly.
Florida Departmer 1
Business,
Professioftal ; fick Sco. 6
Regulation Ken Lawson, Secretary
4. On or about February 17, 2074, you, the aforementioned licensee, holding a license under the
Beverage Law, or your agent(s), officer{s), servant(s), or employee(s), to wit: Douglas Doty, did
unlawtully on your licensed premises possess machine(s) or device(s) or systém or network of
devices that is adapted in such a way that, upon activation, which may be achieved by, but is not
limited to, the insertion of any piece of money, coin, account number, code, or other object or
information, such device.or system indirectly or indirectly caused to operate or may be operated and
if the user, whether by application of skill or by reason of any element of chance or any other
outcome unpredictable by the. user, may receive or become entitled to receive any piece of money,
credit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or’
otherwise, which may be exchanged. for any money, credit, allowance, or thing of value or which
may be. given in trade, this act being contrary to and in violation of section 849.16, within
561,29(1)(a), Florida Statutes.
5. On or about February 25, 2014, you, the aforementioned licensee, holding a license under the
Beverage Law, or your agents), officer(s), servant(s), or employee(s), to wit: Douglas Doty, did
unlawlully on your licensed premises possess machine(s) or device(s) or system or network of
devices that is adapted in such a way that, upon activation, which may be achieved by, but is not
limited to, the insertion of any piece of money, coin, account number, code, or other object or
information, such device or system indirectly or indirectly caused to operate or may be operated and
if the user, whether by application of skill or by reason of any element of chance or any other
outcome unpredictable by the user, may receive or become entitled to receive any piece of money,
credit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or
otherwise, which may be exchariged for any money, credit, allowance, or thing of value ar which
may be given in trade, this act being contrary to and in-violation of section 849.16, within
561.29(1)a), Florida Statutes.
6. On or about February 28, 2014, you; the aforementioned licensee, holding a license under the
Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), to wit: Douglas Doty, did
unlawfully on your licensed premises possess machine(s) or device(s) or system or network of
devices that is adapted in such a way that, upon activation, which may be achieved by, but is not
limited to, the insertion of any piece of money, coin, account number, code, or other object or
information, such device or system indirectly or indirectly caused to operate or may be operated and
if the user, whether by application of skill or by reason of any element of chance or any other
outcome unpredictable by the user, may receive or become entitled to receive any piece of money,
credit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or
otherwise, which may be exchanged for any money, credit, allowance, or thing of value or which
may be given in trade, this act being contrary to and in violation of section 849.16, within
561.29(1)(a), Florida Statutes.
352.333.2515 240 NW. 76th Dr., Suite B www. MyFloridaLicense.com
Gainesville FL 32607 License Efficiently. Regulate Fairly.
Florida Departments?
BusinesgA)
Professiorral - nitance
Regulation : we hiek Seott, Governor
Signed this May 21, 2014
William N. Spicola, Director : i
Division of Alcoholic Beverages and Tobacco :
LAWRENCE HAYES
Law Enforcement Captain
Explanation of Service:
Date Served
Received By.
Personal Service By. (print)
Service Location
Certified Mail #___
*Attach Receipt if Served by Mall.
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Personal Service By (sign) .
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352.393,2515 240 N.W. 76th Dr., Suite B www. MyFloridalcense.cor i
Gainesville FL 32607 License Efficiently. Regulate Fairly. i
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Docket for Case No: 15-005661
Issue Date |
Proceedings |
Jan. 14, 2016 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Jan. 13, 2016 |
Petitioner's Amended Motion to Relinquish Jurisdiction filed.
|
Jan. 13, 2016 |
Petitioner's Unopposed Motion to Relinquish Jurisdiction filed.
|
Jan. 12, 2016 |
Order Re-scheduling Hearing (hearing set for January 27, 2016; 9:30 a.m.; Tallahassee, FL).
|
Jan. 08, 2016 |
Motion to Set Cause for Final Hearing filed.
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Dec. 14, 2015 |
Notice of Appearance (Jason Borntreger) filed.
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Nov. 23, 2015 |
Order Continuing Final Hearing (parties to advise status by December 14, 2015).
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Nov. 23, 2015 |
Letter to Judge Early from Kevin Dixon regarding settlement filed.
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Oct. 22, 2015 |
Notice Unavailability (of counsel for Petitioner) filed.
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Oct. 22, 2015 |
Notice of Unavailability (of counsel for Respondent) filed.
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Oct. 21, 2015 |
Order of Pre-hearing Instructions.
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Oct. 21, 2015 |
Notice of Hearing (hearing set for December 1 and 2, 2015; 9:00 a.m.; Tallahassee, FL).
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Oct. 20, 2015 |
Joint Response to Initial Order filed.
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Oct. 14, 2015 |
Notice of Transfer.
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Oct. 13, 2015 |
Initial Order.
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Oct. 12, 2015 |
Explanation of Rights filed.
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Oct. 12, 2015 |
Letter to Sweet Home H20 Inc. from Lawrence Hayes regarding pursuing legal action against your license filed.
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Oct. 12, 2015 |
Stipulation (Settlement Agreement) filed.
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Oct. 12, 2015 |
Administrative Complaint filed.
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Oct. 12, 2015 |
Agency referral filed.
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