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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs WHITFIELD GROCERY INC., D/B/A WHITFIELD GROCERY, 16-002431 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-002431 Visitors: 5
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: WHITFIELD GROCERY INC., D/B/A WHITFIELD GROCERY
Judges: D. R. ALEXANDER
Agency: Department of Business and Professional Regulation
Locations: St. Petersburg, Florida
Filed: May 02, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 5, 2016.

Latest Update: Nov. 17, 2024
Florida Desa Busines Professi Regulation PAGE 7 ca Rick Scott, Governor Ken Lawson, Secretary RE: CASE NUMBER 2013011908 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. WHITFIELD GROCERY INC D/B/A WHITFIELD GROCERY LICENSE NUMBER BEV5102074 SERIES 2APS RESPONDENT ADMINISTRATIVE COMPLAINT Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as “petitioner,” and files this administrative complaint against WHITFIELD GROCERY INC herein after reterred 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: WHITFIELD GROCERY INC D/B/A WHITFIELD GROCERY 1232 WHITFIELD AVE SARASOTA, FL 34243 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 Fi . Suite 145 License Efficiently. Regulate Fairly. Fi. Myers FL 33901-3884 Bus} nes9) Prof essi al Regulation en tanacn, Secretary PAGE 8 RE: CASE NUMBER 2013011908 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. WHITFIELD GROCERY INC D/B/A WHITFIELD GROCERY LICENSE NUMBER BEV5102074 You, WHITFIELD GROCERY INC, D/B/A WHITFIELD GROCERY, are charged with the following count(s): 1. On or about 9/19/2013, 1/13/2014, 2/14/2014, 3/4/2014, 3/18/2014, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), did unlawfully and on your licensed premises maintain a store or shop to keep or sell controlled substances, this act being contrary to and in violation of Section 893,13 (7) (a) (5), Florida Statutes, within 561.29 (1) (a), Florida Statutes. 2. On or about 3/18/2014, you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), servant(s), or employee(s), did unlawfully on your licensed premises, permit, allow, or possess gambling machine(s) or device(s), to wit: coin operated machine located second from the end (right side) of machines, which upon the insertion of any piece of money, coin, or other object, is caused to operate such machine(s) or device(s) and the user, by reason of any element of chance or of any other outcome of such operation unpredictable, may receive money, credit, allowance, or other of value, this act being contrary to and in violation of section 849, 16(1). within 561,.29(1)(a), Florida Statutes. 3. On or about 7/16/2014. you, the aforementioned licensee, or your agent(s). officer(s), servant(s). or employee(s), to wit: Husam Amin Ghnaim, failed to submit to the Division of Alcoholic Beverages and Tobacco, a sworn application, before such person who has a direct or indirect financial interest in the license, engaged in the business of manufacturing, bottling, distributing, selling, or in any way dealing in alcoholic beverages on your premises licensed under the Beverage Law, this act being contrary te and in violation of section 561.17(1), within 561.29(1)(a), Florida Statutes. 4. On or about 9/19/2013, 1/13/2014, 2/14/2014, 3/4/2014, 3/18/2014 you, the aforementioned licensee, holding a license under the Beverage Law, or your agent(s), officer(s), or employee(s), to wit: Husam Amin Ghnaim did unlawfully on your licensed premises, sell or permit the sale, possession, or consumption of synthetic cannabinoids to wit: , this act being in contrary to and in violation of Section 893.13(1)(a), within 561.29(1)(a), Florida Statutes. 239,344,0878 2295 Victoria Avenue veww. MyFiondalicense.com Suite 145 License Efficiently, Regulate Fairly. Ft. Myers FL 33901-3884

Docket for Case No: 16-002431
Issue Date Proceedings
Jul. 05, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 05, 2016 Petitioner's Unopposed Motion to Relinquish Jurisdiction filed.
Jun. 20, 2016 First Amended Administrative Complaint filed.
Jun. 20, 2016 Petitioner's Motion for Leave to Amend Complaint filed.
May 10, 2016 Notice of Serving Petitioner's First Set of Admissions, Interrogatories, and Request for Production filed.
May 10, 2016 Order of Pre-hearing Instructions.
May 10, 2016 Notice of Hearing by Video Teleconference (hearing set for July 12, 2016; 9:30 a.m.; St. Petersburg and Tallahassee, FL).
May 10, 2016 Joint Response to Initial Order filed.
May 03, 2016 Initial Order.
May 02, 2016 Request for Hearing filed.
May 02, 2016 Administrative Complaint filed.
May 02, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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