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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs BOTTLES OF NAPLES, LLC, D/B/A BOTTLES OF NAPLES, 16-004200 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-004200 Visitors: 70
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Respondent: BOTTLES OF NAPLES, LLC, D/B/A BOTTLES OF NAPLES
Judges: LINZIE F. BOGAN
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Jul. 25, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 15, 2016.

Latest Update: Jul. 02, 2024
Florida Departmentof @ © Busines Professi Regulation PAGE 7 Rick Scott, Governor Ken Lawson, Secretary RE: CASE NUMBER 2014017795 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. BOTTLES OF NAPLES LLC D/B/A BOTTLES OF NAPLES LICENSE NUMBER BEV2100849 SERIES 3PS RESPONDENT ADMINISTRATIVE COMPLAINT Comes now, the Division of Alcoholic Beverages and Tobacco, herein after referred to as “petitioner,” and files this administrative complaint against BOTTLES OF NAPLES LLC 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: BOTTLES OF NAPLES LLC D/B/A BOTTLES OF NAPLES 660 8TH STREET NORTH SUITE 205 NAPLES, FL 34102 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. MyF loridaLicense.com Suite 145 License Efficiently. Regulate Fairly. Ft. Myers FL 33901-3884 Florida Departments? @ © Busines Professional Regulation ken Lawson: Secretary PAGE 8 RE: CASE NUMBER 2014017795 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. BOTTLES OF NAPLES LLC D/B/A BOTTLES OF NAPLES LICENSE NUMBER BEV2100849 You, BOTTLES OF NAPLES LLC, D/B/A BOTTLES OF NAPLES, are charged with the following count(s): 1. On or about 6/6/2014, you, the aforementioned licensee, holding a license, issued or transferred after September 30, 1988, under the Beverage Law, did fail to maintain the licensed premises in an active manner in which the licensed premises was open for business to the public for the bona fide retail sale of authorized alcoholic beverages during regular and reasonable business hours for at least 8 hours a day for a period of 210 days or more during any 12-month period commencing 6 months after the acquisition of the license, this act being contrary to and in violation of section 561.29(1)(i), within 561.29(1)(a), Florida Statutes. Signed this June 6, 2014 William N. Spicola, Director Division of Alcoholic Beverages and Tobacco Law Enforcement Captain Explanation of Service: Date Served Received By Personal Service By (sign) Personal Service By (print) Service Location Certified Mail # OA\ ANAOSAOBYS B03 *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

Docket for Case No: 16-004200
Issue Date Proceedings
Nov. 15, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 09, 2016 Petitioner's Second Motion to Compel Discovery or to Deem Facts Admitted and Relinquish Jurisdiction filed.
Oct. 03, 2016 Order Granting Continuance and Re-scheduling Hearing (hearing set for December 6, 2016; 9:00 a.m.; Tallahassee, FL; amended as to ).
Oct. 03, 2016 Notice of Serving Petitioner's First Set of Interrogatories, First Request for Production and First Request for Admissions to Respondent's Address Address on File with the State of Florida, Division of Corporations filed.
Sep. 28, 2016 Notice of Case Management Conference (Case Management Conference hearing set for October 3, 2016; 10:00 a.m.; Tallahassee, FL).
Sep. 08, 2016 Notice of Hearing (hearing set for October 12, 2016; 9:00 a.m.; Tallahassee, FL).
Sep. 08, 2016 Order of Pre-hearing Instructions.
Sep. 07, 2016 Petitioner's Motion to Compel Discovery or Deem Facts Admitted and Relinquish Jurisdiction filed.
Aug. 30, 2016 Undeliverable envelope returned from the Post Office.
Aug. 23, 2016 Undeliverable envelope returned from the Post Office.
Aug. 22, 2016 Undeliverable envelope returned from the Post Office.
Aug. 22, 2016 Petitioner's Response to Initial Order Filed August 17, 2016 and Order Re-Opening File filed.
Aug. 17, 2016 Initial Order.
Aug. 12, 2016 Petitioner's Response to Order Re-opening File filed.
Aug. 12, 2016 Order Reopening File. CASE REOPENED.
Aug. 11, 2016 Undeliverable envelope returned from the Post Office.
Aug. 10, 2016 Petitioner's Motion for Reconsideration filed.
Aug. 09, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 08, 2016 Undeliverable envelope returned from the Post Office.
Aug. 03, 2016 Petitioner's Motion for Continuance filed.
Aug. 03, 2016 Order of Pre-hearing Instructions.
Aug. 03, 2016 Notice of Hearing (hearing set for September 9, 2016; 9:00 a.m.; Tallahassee, FL).
Aug. 02, 2016 Petitioner's Response to the Initial Order filed.
Jul. 29, 2016 Notice of Serving Petitioner's First Set of Interrogatories, First Request for Production and First Request for Admissions filed.
Jul. 25, 2016 Request for Hearing filed.
Jul. 25, 2016 Administrative Complaint filed.
Jul. 25, 2016 Agency referral filed.
Initial Order.
Source:  Florida - Division of Administrative Hearings

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