FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Brandon Nichols DEPARTMENT OF BUSINESS & PROFESSIONAL REGULAT]] ae 2/4/2016 DIVISION OF PARI-MUTUEL WAGERING File # DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR CASE NO. 2016-004247 Vv. BONITA-FORT MYERS CORPORATION, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner”), files this Administrative Complaint against Bonita-Fort Myers Corporation, (“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 142 issued by Petitioner, and operates a cardroom, license number 142-1002, 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 January 27, 2016, on table number 29 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 through 6 of this Administrative Complaint are realleged and incorporated fully herein. 12. On January 27, 2016, on table number 31 Respondent operated a banking game or a game not specifically authorized by Section 849.086, Florida Statutes. 13. 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 3 14. Paragraphs 1 through 6 of this Administrative Complaint are realleged and incorporated fully herein. 15. On January 27, 2016, on table number 32 Respondent operated a banking game or a game not specifically authorized by Section 849.086, Florida Statutes. 16. 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 4 17. Paragraphs 1 through 6 of this Administrative Complaint are realleged and incorporated fully herein. 18. On January 27, 2016, on table number 34 Respondent operated a banking game or a game not specifically authorized by Section 849.086, Florida Statutes. 19. 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 5 20. Paragraphs 1, 2, and 7 of this Administratrve Complaint are realleged and incorporated fully herein. 21. On January 27, 2016, Respondent allowed the person seated to the right of the dealer at the corner of table 29 to work in Respondent’s cardroom. 22. On January 27, 2016, the person seated to the right of the dealer at the corner of table 29 did not have a valid occupational license. 23. Based on the foregoing, Respondent violated Section 849.086(6)(c), Florida Statutes, by allowing an unlicensed person to work in the cardroom. COUNT 6 24. Paragraphs 1, 2, and 7 of this Administrative Complaint are realleged and incorporated fully herein. 25. On January 27, 2016, Respondent allowed the person seated to the right of the dealer at the corner of table 31 to work in Respondent’s cardroom. 26. On January 27, 2016, the person seated to the right of the dealer at the corner of table 29 did not have a valid occupational license. 27. Based on the foregoing, Respondent violated Section 849.086(6)(c), Florida Statutes, by allowing an unlicensed person to work in the cardroom. COUNT 7 28. Paragraphs 1, 2, and 7 of this Administrative Complaint are realleged and incorporated fully herein. 29. On January 27, 2016, Respondent allowed the person seated to the right of the dealer at the corner of table 32 to work in Respondent’s cardroom. 30. On January 27, 2016, the person seated to the right of the dealer at the corner of table 32 did not have a valid occupational license. 31. Based on the foregoing, Respondent violated Section 849.086(6)(c), Florida Statutes, by allowing an unlicensed person to work in the cardroom. COUNT 8 32. Paragraphs 1, 2, and 7 of this Administrative Complaint are realleged and incorporated fully herein. 33. On January 27, 2016, Respondent allowed the person seated to the right of the dealer at the corner of table 33 to work in Respondent’s cardroom. 34. On January 27, 2016, the person seated to the right of the dealer at the corner of table 33 did not have a valid occupational license. 35. 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 respectfully 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 1° day of February, 2016 by: /s/ Louis Trombetta LOUIS TROMBETTA Florida Bar No. 0108119 Assistant General Counsel Louis. Trombetta@MyFloridaLicense.com /s/ Wiliam 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

Docket for Case No: 16-001504