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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs MARCOS BAR AND GRILL, LLC, D/B/A MARCOS BAR AND GRILL, 16-003128 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-003128 Visitors: 3
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: MARCOS BAR AND GRILL, LLC, D/B/A MARCOS BAR AND GRILL
Judges: JOHN D. C. NEWTON, II
Agency: Department of Business and Professional Regulation
Locations: Fort Myers, Florida
Filed: Jun. 08, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 8, 2016.

Latest Update: Dec. 23, 2024
Sunes, = © Professi al Rick Scott, Governor | Regulation Ken Lawson Secretary PAGE 7 RE: CASE NUMBER 2015053527 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. MARCOS BAR & GRILL LLC D/B/A MARCOS BAR & GRILL LICENSE NUMBER BEV2104948 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 MARCOS BAR & GRILL LLC herein after referred to as “respondent,” and alleges: 1. 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. 2. 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: MARCOS BAR & GRILL LLC | D/B/A MARCOS BAR & GRILL : 2624 TAMIAMI TRAIL E NAPLES, FL 34113 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. 3. 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. | 239.344.0878 2295 Victoria Avenue www.MyFloridaLicense.com | Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884 dugnesy, 6 e Profes si | Rick Scott, Governor Regulation Ken Lawson, Secretary PAGE 8 RE: CASE NUMBER 2015053527 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. MARCOS BAR & GRILL LLC D/B/A MARCOS BAR & GRILL LICENSE NUMBER BEV2104948 You, MARCOS BAR & GRILL LLC, D/B/A MARCOS BAR & GRILL, are charged with the following count(s): 1. On or about August 3, 2015, you, the aforementioned licensee, holding a license issued by the Division of Alcoholic Beverages and Tobacco, or your agent(s), officer(s), servant(s), or employee's), to wit: Jorge Caballottie failed to produce such records to the Division of Alcoholic Beverages and Tobacco within 14 days of request for such records, this act being contrary to and in violation of Rule 61A-3.0141(3)(a)1, Florida Administrative Code, through 561.20(2)(a)4, Florida Statutes, within section 561.29(1)(a), Florida Statutes. Signed this February 2, 2016 Thomas R. Philpot, Director Division of Alcoholic Beverages & Tobacco Paul Goward Law Enforcement Captain 239.344.0878 2295 Victoria Avenue www. MyFloridaLicense.com Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884 Florida Department? . B us | nes } @ @ roressiOfia Reg ulation Rick Scott, Governor Ken Lawson, Secretary Explanation of Service: Date Served Received By. Personal Service By (sign) Personal Service By. (print) Service Location Certified Mail # *}OWO\AQ COSZ BS RCASA *Attach Receipt if Served by Mail. 2295 Victoria Avenue www.MyFloridaLicense.com 239.344.0878 Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884 A-Asrp Of: als/\e Rietum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 7011 2970 0003 8569 b724 - ,@ Complete itéms-1, 2yan a”. * @ Print your name and address on the so that we can return the card to you. ’ @ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Den. Bort Dey : Qt tc. sao, 4. B43 URRY 0A | 8 ts ef ery address different from item 17 ©J Yes YES, enter delivery address below: ONo 8. Service Type © Priority Mail Express® O Adult Signature D Registered Mail™ _ | GLAdutt Signature Restricted Delivery 2 Registered Mail Restricted $590 9403 0333 5155 2363 06 Ceriited Mall Restated Delivery 0 Return Receipt for . © Collect on Delivery Merchandise tw 2. Brtiela Miitehar-MTranefartrmicaniita lahat =~ 1. 7 {O)Collect on Delivery tricte i Delivery B aenetre Confirmation (2022 2970 COO3 BSb9'b729 Bb ieued Mal eediacivens | ante Contre 0 insured Mall Ftestricted Delivery * (over $500 1 ‘April 2015 PSN 7530-02-000-9053 Domestic Return Receipt

Docket for Case No: 16-003128
Issue Date Proceedings
Aug. 12, 2016 Undeliverable envelope returned from the Post Office.
Aug. 08, 2016 Undeliverable envelope returned from the Post Office.
Aug. 08, 2016 Order Deeming Facts Admitted, Closing File, and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 03, 2016 Order Canceling Hearing.
Jul. 25, 2016 Undeliverable envelope returned from the Post Office.
Jul. 20, 2016 Order to Respond to Motion to Compel Discovery or to Deem Facts Admitted and Relinquish Jurisdiction.
Jul. 15, 2016 Petitioner's Motion to Compel Discovery or to Deem Facts Admitted and Relinquish Jurisdiction filed.
Jun. 24, 2016 Undeliverable envelope returned from the Post Office.
Jun. 17, 2016 Undeliverable envelope returned from the Post Office.
Jun. 16, 2016 Order of Pre-hearing Instructions.
Jun. 16, 2016 Notice of Hearing by Video Teleconference (hearing set for August 12, 2016; 9:00 a.m.; Fort Myers and Tallahassee, FL).
Jun. 15, 2016 Petitioner's Amended Response to Initial Order filed.
Jun. 15, 2016 Petitioner's Response to Initial Order filed.
Jun. 09, 2016 Notice of Serving Petitioner's First Set of Admissions, Interrogatories, and Request for Production filed filed.
Jun. 08, 2016 Initial Order.
Jun. 08, 2016 Request for Hearing filed.
Jun. 08, 2016 Administrative Complaint filed.
Jun. 08, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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