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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs HAMMAR COMBS, LLC, D/B/A SMOKE CITY, 16-001275 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-001275 Visitors: 14
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: HAMMAR COMBS, LLC, D/B/A SMOKE CITY
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Gainesville, Florida
Filed: Mar. 08, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 9, 2016.

Latest Update: Nov. 18, 2024
Flonda Department Busines } Professio! Regulation PAGE 7. Rick Scott, Govemor Ken Lawson, Secretary RE: CASE NUMBER 2014028249 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. HAMMAR COMBS LLC D/B/A SMOKE CITY LICENSE NUMBER TOB1102646 ~~ SERIES RTPD RESPONDENT ADMINISTRATIVE COMPLAINT Comes now, the Division of Aledholic Beverages and Tobacco, herein after referred to as “petitioner,” and. files this administrative complaint against HAMMAR COMBS LLC herein after referred to as “respondent,” and alleges: 1. 352.333.2515 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, 561.504, 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 ih the State of Florida, by the Division of Alcoholic Beverages and Tobacco. Respondent's last known mailing address is as follows: HAMMAR COMBS LLC DIB/A SMOKE CITY 2120 SW 34TH STREET GAINESVILLE, FL 32608 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 penaities; or any combination of thesé authorized penaltiés. This intended action is based on the below described facts or conduct. 240 N.W. 76th Or., Suite 8 ww. loridal.icense.com GalnesvilleFL 32607 License Efficiently. Regulate Fairly. loridat Departmenty: Busines Professional se Regulation sen Lawson Secretary PAGE 8 RE: CASE NUMBER 2014028249 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. HAMMAR COMBS LLG DIB/A SMOKE CITY LICENSE NUMBER TOB1102646 You, HAMMAR COMBS LLC, D/B/A SMOKE CITY, are charged with the following count(s): 1. On or about __07__/_07__2014__, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), io wit: Andrew Hammar, did unlawfully and with violence on your licensed premises or elsewhere while in the scope of employment, willfully résist, obstruct, or oppose an officer, to wit: Lt. Dean Pescia, Andrew Hammar pushed Lt. Pescia out of his way with his body in the execution of tegal process or inthe lawful execution of a legal duty, to wit: Assist in the inspection of the licenséd premise, this act being contrary to ahd in violation of section 843.01, within 561.29(1)(a), Florida Statutes. 2. On or about _07__/ 07_2014__, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), fo wit: Andrew Hammar did unlawfully refuse to admit to the licensed premises LilyAnn Wrenne, while in performance of his or her official duties, this ict being contrary to and in violation of section 562.41(3), within 561. 29(1)(a), Florida Statutes. Signed this July 24, 2014 William N. Spicola, Director Division of Alcoholic Beverages and Tobacco Lawrence Hayes Law Enforcement Captain Explanation of Service: Date Served _ Received By. Personal Service By. (sign) Personal Service By. (print) Service Location Certified Malt # * ‘eceiot if S ry errr al —_ 240 NW. 76th Dr., Suite B www. MyFloridalicense.com Gainesville FL 32607 Ucense Efficiently. Regulate Fairly.

Docket for Case No: 16-001275
Issue Date Proceedings
May 09, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
May 06, 2016 Petitioner's Unopposed Motion to Relinquish Jurisdiction filed.
Apr. 29, 2016 Attachment to Motion to Compel; Exhibit C filed.
Apr. 29, 2016 Attachment to Motion to Compel; Exhibit B filed.
Apr. 29, 2016 Attachment to Motion to Compel; Exhibit A filed.
Apr. 29, 2016 Petitioner's Motion to Compel Discovery or to Deem Facts Admitted and Relinquish Jurisdiction filed.
Apr. 04, 2016 Notice of Filing Petitioner's Witness List filed.
Apr. 04, 2016 Order of Pre-hearing Instructions.
Apr. 04, 2016 Notice of Hearing by Video Teleconference (hearing set for May 17, 2016; 9:30 a.m.; Gainesville and Tallahassee, FL).
Mar. 24, 2016 Amended Notice of Serving Petitioner's First Set of Admissions, Interrogatories, and Request for Production filed.
Mar. 18, 2016 Petitioner's Response to Initial Order filed.
Mar. 15, 2016 Petitioner's First Request for Production filed.
Mar. 15, 2016 Petitioner's First Set of Interrogatories to Respondent filed.
Mar. 15, 2016 Petitioner's First Request for Admissions filed.
Mar. 10, 2016 Amended Administrative Complaint filed.
Mar. 10, 2016 Petitioner's Motion for Leave to Amend Complaint filed.
Mar. 10, 2016 Notice of Serving Petitioner's First Set of Admissions, Interrogatories, and Request for Production filed.
Mar. 10, 2016 Initial Order.
Mar. 08, 2016 Request for Hearing filed.
Mar. 08, 2016 Administrative Complaint filed.
Mar. 08, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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