Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING
Respondent: TBDG ACQUISITION, LLC, D/B/A TBT POKER AND RACEBOOK
Judges: SUZANNE VAN WYK
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Feb. 19, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 27, 2016.
Latest Update: Dec. 23, 2024
FILED
Department of Business arid Professional Regulation
Deputy Agency Clerk
STATE OF FLORIDA CLERK Evette Lawson-Proctor
DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATI| pe 4/25/2016
DIVISION OF PARI-MUTUEL WAGERING File #
DEPARTMENT OF BUSINESS &
PROFESSIONAL REGULATION, DIVISION
OF PARI-MUTUEL WAGERING,
Petitioner, DBPR CASE No.: 2015-053203
v.
TBDG ACQUISITION, LLC,
Respondent. )
ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering
(“Petitioner”) files this Administrative Complaint against TBDG Acquisition, LLC, (“Respondent”)
and alleges the following:
1. Petitioner is the state agency charged with regulating pari-mutuel wagering pursuant
to Chapter 550, and Section 849.086, Florida Statutes (2015)’.
2. At all times material hereto, Respondent held a permit to conduct Pari-Mutuel
Wagering, number 140 issued by Petitioner, and operates a cardroom, license number 140-1002, also
issued by Petitioner.
3. According to Section 849.086(2)(c), Florida Statutes, a “Cardroom” is a “facility
where authorized games are played for money or anything of value...”
4. An “authorized game” is defined in 849.086(2)(a), Florida Statutes, as “a game or
series of games of poker or dominoes which are played in a nonbanking manner.”
' All references to the Florida Statutes or Florida Administrative Code made herein are made to the 2015 versions.
1
5. Additionally, according to 849.086(2)(b), Florida Statutes, a “banking game” is “a
game in which the house is a participant in the game, taking on players, paying winners, and
collecting from losers or in which the cardroom establishes a bank against which participants play.”
6. Section 849.086(12)(a), Florida Statutes, says “no person licensed to operate a
cardroom may conduct any banking game or any game not specifically authorized by [Section
849.086, Florida Statutes |.”
7. Additionally, according to Section 849.086(6)(c), Florida Statutes, “[n]o licensed
cardroom operator may employ or allow to work in a cardroom any person unless such person
holds a valid occupational license.”
COUNT 1
8. Paragraphs 1 through 6 of this Administrative Complaint are realleged and
incorporated fully herein.
9. On December 7, 2015, on table number 17 Respondent operated a banking game or
a game not specifically authorized by Section 849.086, Florida Statutes.
10. Based on the foregoing, Respondent violated Section 849.086(12)(a), Florida
Statutes, by operating a banking game or a game not specifically authorized by Section 849.086,
Florida Statutes.
COUNT 2
11. Paragraphs 1, 2, and 7 of this Administrative Complaint are realleged and
incorporated fully herein.
12. On December 7, 2015, Respondent allowed the person seated in seat 8 at the corner
of table 17 to work in Respondent’s cardroom.
13. On December 7, 2015, the person seated in seat 8 at the corner of table 71 did not
have a valid occupational license.
14. Based on the foregoing, Respondent violated Section 849.086(6)(c), Florida Statutes,
by allowing an unlicensed person to work in the cardroom.
WHEREFORE, Petitioner respecttully requests the Division enter a Final Order imposing
any and/or all penalties authorized by Section 550.0251 or 849.086, Florida Statutes, and/or any
other relief the Division is authorized to impose pursuant to Chapter 550, and 849, Florida Statutes,
and the rules promulgated thereunder.
Signed this 25" day of January, 2016, by:
KEN LAWSON, Secretary
Department of Business and
Professional Regulation
/s/ Louis Trombetta
LOUIS TROMBETTA
Florida Bar No. 0108119
Assistant General Counsel
/s/ William Hall
WILLIAM D. HALL
Chief Attorney
Florida Bar No. 67936
Office of the General Counsel
Department of Business and
Professional Regulation
1940 N. Monroe Street, Ste. 40
Tallahassee, FL 32399-2202
(850) 717-1768 Telephone
(850) 921-1311 Facsimile
NOTICE OF RIGHTS
Please be advised that within twenty-one (21) days of your receipt of this administrative
complaint you have the right to request an administrative hearing. Any such hearing would be
conducted in accordance with the provisions of Sections 120.569 and 120.57, Florida Statutes, and
you would have the right to be represented by counsel or other qualified representative, to call and
examine witnesses, and to have subpoenas issued on your behalt. However, if you do not file (Le.,
we do not receive) your request for hearing within the twenty-one (21) days, you will have waived
your right to any hearing.
Please also be advised that mediation is not available in this matter.
Docket for Case No: 16-001010
Issue Date |
Proceedings |
May 27, 2016 |
Order Severing Cases, Closing Files, and Relinquishing Jurisdiction. CASE CLOSED.
|
May 26, 2016 |
Petitioner's Unopposed Motion to Relinquish Jurisdiction filed.
|
May 26, 2016 |
Notice of Service of Respondent's Response to Petitioner's First Request for Production, First Set of Interrogatories; and First Request for Admissions (filed in Case No. 16-001009).
|
May 26, 2016 |
Motion for Official Recognition (Part 2) filed.
|
May 26, 2016 |
Motion for Official Recognition (Part 1) filed.
|
May 20, 2016 |
Notice of Service of Petitioner's Response to Respondent Jacksonville Kennel Club, Inc.'s First Request for Admissions, First Set of Interrogatories and First Request for Production (filed in Case No. 16-001009).
|
May 19, 2016 |
Petitioner's Notice of Taking Telephonic Deposition (filed in Case No. 16-001009).
|
May 16, 2016 |
Notice of Deposition of Chuck Taylor filed.
|
Apr. 28, 2016 |
Notice of Deposition of Steve Kogan filed.
|
Apr. 27, 2016 |
Notice of Service of Petitioner's First Request for Production, First Set of Interrogatories, and First Request for Admissions filed.
|
Apr. 27, 2016 |
Notice of Deposition of Lisa Helms filed.
|
Apr. 27, 2016 |
Notice of Deposition of Joe Dillmore filed.
|
Apr. 26, 2016 |
Respondent's Notice of Serving First Request for Admissions, First Set of Interrogatories, and First Request for Production filed.
|
Apr. 18, 2016 |
Order of Consolidation (DOAH Case Nos. 16-1839).
|
Mar. 03, 2016 |
Order of Pre-hearing Instructions.
|
Mar. 03, 2016 |
Notice of Hearing (hearing set for May 31 through June 3, 2016; 9:30 a.m.; Tallahassee, FL).
|
Mar. 03, 2016 |
Order of Consolidation (DOAH Case Nos. 16-1008, 16-1009, 16-1010, and 16-1011).
|
Feb. 29, 2016 |
Notice of Transfer.
|
Feb. 26, 2016 |
Response to Initial Order filed.
|
Feb. 26, 2016 |
Notice of Appearance (Joshua Hawkes) filed.
|
Feb. 19, 2016 |
Initial Order.
|
Feb. 19, 2016 |
Notice of Rights filed.
|
Feb. 19, 2016 |
Petition for Formal Hearing filed.
|
Feb. 19, 2016 |
Administrative Complaint filed.
|
Feb. 19, 2016 |
Agency referral filed.
|