Florida Department Business) ® ts) Professional ue Regulation cers Seat Sovere PAGE 7 RE: CASE NUMBER 2014025072 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. BEER BUDDIES LLC D/B/A RUSTYS RAW BAR & GRILL LICENSE NUMBER BEV4606799 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 BEER BUDDIES LLC herein after referred to as “respondent,” and alleges: : 4. 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: BEER BUDDIES LLC D/B/A RUSTYS RAW BAR & GRILL 20041 S TAMIAMI TRAIL STE 9 ESTERO, FL 33928 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 Florida Department Business) @ @ Professional . Regulation Rick Scott, Governor Ken Lawson, Secretary PAGE 8 RE: CASE NUMBER 2014025072 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. BEER BUDDIES LLC D/B/A RUSTYS RAW BAR & GRILL LICENSE NUMBER BEV4606799 You, BEER BUDDIES LLC, D/B/A RUSTYS RAW BAR & GRILL, are charged with the following count(s): 4. On or about March 2013 and April 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 29, 2014 William N. Spicola, Director Division of Algoholic Beverages and Tobacco Victor Neal Law Enforcement Captain Explanation of Service: Date Served Received By Personal Service By. (sign) Personal Service By. (print) Service Location Certified Mail # AOU DXASOSSE BSR S\ BR *Attach Receipt if Served by Mail. 239.344.0878 2295 Victoria Avenue www.MyFloridaLicense.com Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884 oz eS Return Recelpt Fee (Endorsement Required) Restricted Delivery Feo (Endorsement Required) 7oll 2970 0003 65649 Aled omplete items 1, 2, and 3. Also complete - item 4 if Restricted Delivery is desired. @ Print your name and address on the reverse . 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. © Agent O] Addressee _ C. Date of Delivery . 4- ZT AIG D. Is delivery address different from item.1? Yes * if YES, enter delivery address below: © No 1. Article Addressed to: . Service Type Certified Mail? 1 Priority Mail Express™ 0 Registered 1 Return Receipt for Merchandise * CI Insured Mail D1 Collect on Delivery 4, Restricted Delivery? (Extra Fee) 0 Yes "2. Article Number : ag9on 1 ~ 1 Onan ton nardce led 7011 2970 0003 8569 4123. PS Form 3811, July 2013 - ; Domestic Return Receipt, + he

Docket for Case No: 16-003305