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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs MANATEE ENTERTAINMENT COMPANY, INC., D/B/A TOUCH OF CLASS RESTAURANT AND LOUNGE, 16-001912 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-001912 Visitors: 9
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: MANATEE ENTERTAINMENT COMPANY, INC., D/B/A TOUCH OF CLASS RESTAURANT AND LOUNGE
Judges: LYNNE A. QUIMBY-PENNOCK
Agency: Department of Business and Professional Regulation
Locations: Sanibel Island, Florida
Filed: Apr. 05, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 10, 2016.

Latest Update: Dec. 25, 2024
Florida Departments Busines Profession Regulation ken Lawson, Secrelary PAGE 7 RE: CASE NUMBER 2014011926 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. MANATEE ENTERTAINMENT COMPANY INC D/B/A TOUCH OF CLASS RESTAURANT & LOUNGE LICENSE NUMBER BEV5102920 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 MANATEE ENTERTAINMENT COMPANY INC herein after referred to as “respondent,” and alleges: 1. 239.344.0878 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: MANATEE ENTERTAINMENT COMPANY INC D/B/A TOUCH OF CLASS RESTAURANT & LOUNGE 1701 4TH AVE WEST PALMETTO, FL 34221 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. 2295 Victoria Avenue www. MyFloridaLicense.com Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884 Florida Departmentef @ 6 Busines Professioral . Regulation ace Seat, Governor PAGE 8 RE: CASE NUMBER 2014011926 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. MANATEE ENTERTAINMENT COMPANY INC D/B/A TOUCH OF CLASS RESTAURANT & LOUNGE LICENSE NUMBER BEV5102920 You, MANATEE ENTERTAINMENT COMPANY INC, D/B/A TOUCH OF CLASS RESTAURANT & LOUNGE, are charged with the following count(s): 4. On or about 12/27/2013, you, the aforementioned licensee, holding a license under the Beverage Law, did fail to derive at least 51 percent of your gross revenue from sales of food and non-alcoholic beverages as required to qualify for your license, this act being contrary to and in violation of section 561.20(2)(a)4, within 561.29(1)(a), Florida Statutes. Signed this August 12, 2014 William Spicola, Director Victor Neal Law Enforcement Captain Explanation of Service: Date Served Received By Personal Service By Ci‘ (SQN) Personal Service By. (print) Service Location Certified Mail # AAW DAABAOSBISGA SA *Altach Receipt if Served by Mail. 239.344.0878 2295 Victoria Avenue www.MyFioridaLicense.com Suite 145 License Efficiently, Regulate Fairly. Ft. Myers FL 33901-3884

Docket for Case No: 16-001912
Issue Date Proceedings
Jun. 10, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 10, 2016 Notice of Filing filed.
May 25, 2016 Order Granting Continuance (parties to advise status by June 9, 2016).
May 18, 2016 Response to Petitioner's Amended First Request for Production filed.
May 17, 2016 Motion to Continue filed.
May 09, 2016 Petitioner's Notice of Service of Responses to Respondent's Request for Interrogatories filed.
Apr. 28, 2016 Notice of Serving Petitioner's Amended First Request for Production filed.
Apr. 18, 2016 Response to Request for Admissions filed.
Apr. 18, 2016 (Respondent's) Notice of Service of Interrogatories filed.
Apr. 15, 2016 Amended Notice of Hearing by Video Teleconference (hearing set for June 9, 2016; 9:00 a.m.; Sarasota and Tallahassee, FL; amended as to location and video).
Apr. 15, 2016 Order Granting Motion to Amend Administrative Complaint
Apr. 15, 2016 Order of Pre-hearing Instructions.
Apr. 15, 2016 Notice of Hearing (hearing set for June 9, 2016; 9:00 a.m.; Sarasota, FL).
Apr. 13, 2016 Joint Response to Initial Order filed.
Apr. 12, 2016 Notice of Serving Petitioner's First Set of Admissions, Interrogatories, and Request for Production filed.
Apr. 08, 2016 Amended Administrative Complaint filed.
Apr. 07, 2016 Petitioner's Motion for Leave to Amend Complaint filed.
Apr. 07, 2016 Petitioner's Motion for Leave to Amend Complaint filed.
Apr. 06, 2016 Initial Order.
Apr. 05, 2016 Request for Hearing filed.
Apr. 05, 2016 Administrative Complaint filed.
Apr. 05, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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