_ Florida Departmenty Busines Professiorial Reg U latio n Rick Scott, Governor Ken Lawson, Secretary December 14, 2015 PALM COAST CAPITAL INVESTMENT GROUP LLC DIB/A ZARA JAZZ CAFE RESTAURANT AND LOUNGE 1901 PALM BEACH LAKES BLVD WEST PALM BEACH, FL 33409 RE: Case Number 2015050725, License Number BEV6016701 Series 4COP PALM COAST CAPITAL INVESTMENT GROUP LLC Dear PALM COAST CAPITAL INVESTMENT GROUP LLC: The Division of Alcoholic Beverages and Tobacco is pursuing legal action against your (beverage/tobacco) license in the form of an Administrative Complaint. You must choose one of the following options within 21 days from receipt of this letter: YOU MAY REQUEST A HEARING (form is on page 2 of this package). If you have any issues that you want to dispute, then you should choose this option. You need to complete the “REQUEST FOR HEARING” form by checking the type of hearing you want; or YOU MAY ENTER INTO A STIPULATED AGREEMENT (form is on pages 3-6 of this package). If you wish to settle this action without a hearing, you MUST sign the stipulation form and return it. Here are the specific steps you should take to pursue this option: e Return pages 3-6 On pages 4-5 answer numbers 10-12 On page 6 sign all appropriate areas Initial and date all changes you make on the form Return the signed form to: 111 S. Sapodilla Ave., #105 West Palm Beach FL 33401 Again, to preserve your rights under Florida’s Administrative Procedures Act, Chapter 120, Florida Statutes, you must return a request for hearing or the stipulation, within 21 days from RECEIPT of this letter to 111 S. Sapodilla Ave., #105, West Palm Beach FL 33401. FAILURE TO RESPOND MAY RESULT IN REVOCATION OF YOUR LICENSE. If you have any questions, please contact us at 561.650.6840. Singerely, Lom [i - Ker Stanton DNEYTILLEY = AcHna Caataty Law Enforcement Captain Enclosure: Explanation of Rights, Request for Hearing, Stipulation, Administrative Complaint 111 S. Sapodilla Ave., #105 www.MyFloridaLicense.com 567.650.6640 West Palm Beach FL 33401 License Efficiently. Regulate Fairly. Florida Department Busines Professional Regulation Ken Lawson, Secretory PAGE 1 RE: CASE NUMBER 2015050725 PALM COAST CAPITAL INVESTMENT GROUP LLC, D/B/A ZARA JAZZ CAFE RESTAURANT AND LOUNGE, LICENSE NUMBER BEV6016701 SERIES 4COP EXPLANATION OF RIGHTS If you wish to request a hearing, you must file the written request enclosed no later than 21 days following the date you received this notice. The written request for hearing must be filed with the local district office. If there are disputed issues of material fact, a formal hearing under section 120.57 (1), Florida Statutes, will be scheduled. If there are no disputed issues of fact, you will be given an opportunity to have an informal hearing pursuant to section 120.57 (2), Florida Statutes. If you would like to make a settlement offer, you may return the enclosed stipulation (settlement agreement) with any written mitigation and corrective action you would like the division to consider in reaching a decision in your case. If there is a formal hearing, you have the right to appear in person on your own behalf, be represented by your attorney or qualified representative, to present witnesses and evidence, to cross-examine any witnesses produced against you by the state, and to have subpoena and subpoena duces tecum issued on your behalf. If your written request for hearing or the enclosed stipulation is not received by the Division of Alcoholic Beverages and Tobacco with a postmark no later than 21 days following the date you received this notice, a final order may be entered revoking your license/permit or assessing maximum late penalties. You will be notified of the time, place and date of any hearing if you have requested one. If the division does not accept the stipulation (settlement) you offer and it is filed within 21 days after you receive this package, it will be considered a timely request for an administrative hearing and you will be contacted by the division to determine the kind of hearing you wish to have; that is, formal evidentiary hearing or informal mitigation hearing. You are encouraged to call the district supervisor if you have any questions about this procedure. Note: Chapter 120, Florida Statutes, will provide you with additional guidance regarding actions by the state that affect you. Section 120.573, Florida Statutes, mediation disclosure. This is an action that may affect your substantial interests. Mediation of this administrative dispute is not available. However, you may request either an informal or formal hearing on the charges, pursuant to Chapter 120, Florida Statutes, and as further detailed in this notice. 561.650.6840 111 S. Sapodilla Ave., #105 www.MyFioridaLicense.com 850 West Palm Beach FL 33401 License Efficiently. Regulate Fairly. Florida Departmentef Busines Professional wees Regulation Ken Lawson, Secretary PAGE 2 RE: CASE NUMBER 2015050725 PALM COAST CAPITAL INVESTMENT GROUP LLC, D/B/A ZARA JAZZ CAFE RESTAURANT AND LOUNGE, LICENSE NUMBER BEV6016701 SERIES 4COP REQUEST FOR HEARING PALM COAST CAPITAL INVESTMENT GROUP LLC DIB/A ZARA JAZZ CAFE RESTAURANT AND LOUNGE 1901 PALM BEACH LAKES BLVD WEST PALM BEACH, FL 33409 The Division of Alcoholic Beverages and Tobacco must determine whether a formal or informal hearing is proper for this action. Therefore, please check and complete one of the following. Q 1. | dispute issues of fact. (Please list which of the charges and counts in the administrative complaint you dispute and why). Q 2. There are no disputed issues of fact; however, | would like an informal hearing. Dated this day of , 2015. SERVICE INFORMATION Please indicate below where the division should send all correspondence related to this action: Signature of preparer Name Printed name of preparer Email (optional) - Title Mailing address Date City State Zip Email of preparer (optional) Telephone number 561.650.6840 111 S. Sapodilla Ave., #105 www.MyFloridaLicense.com West Palm Beach FL 33401 License Efficiently. Regulate Fairly. Florida Department? Business) Professional Reg ulati on Rick Scott, Governor Ken Lawson, Secretary PAGE 3 RE: CASE NUMBER 2015050725 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. PALM COAST CAPITAL INVESTMENT GROUP LLC D/B/A ZARA JAZZ CAFE RESTAURANT AND LOUNGE LICENSE NUMBER BEV6016701 SERIES 4COP RESPONDENT. STIPULATION (Settlement Agreement) Pursuant to s.120.57(4), F.S., the above named parties hereby enter into this stipulation as disposition of the attached administrative action, in lieu of any other administrative proceedings authorized in Chapter 120, F.S. The terms herein become effective only if and when the division accepts this stipulation as evidenced by an authorized signature. In considering this, the division may review all investigative materials regarding this action, past administrative penalties and violations, tax delinquencies, and failure to make timely payments to alcoholic beverage distributors by this license. If this stipulation is rejected, it shall not be used against either party and shall be considered a request for an administrative hearing. STIPULATED FACTS 1) Respondent admits the allegations of the administrative complaint are true. 2 ~— During the time the violation(s) occurred, respondent was licensed as a vendor having been issued license number BEV6016701 series 4COP. CONCLUSIONS OF LAW 1) Respondent admits that the stipulated facts contained in the administrative complaint constitute violations of law and subject the license and/or permit to administrative penalties. SETTLEMENT 1) Respondent shall pay $1500.00 as a civil penalty within 15 days after receipt of this accepted stipulation. 2 ~~ Respondent shall pay $N/A in late penalties for delinquent tax reports within N/A days after receipt of this accepted stipulation, which will be for late reports received by the Division of Alcoholic Beverages and Tobacco. 561.650.6840 111 S. Sapodilla Ave., #105 www.MyFloridaLicense.com 84 West Palm Beach FL 33401 License Efficiently. Regulate Fairly. Florida Department Busines Business (> Reg ulation Rick Scott, Governor Ken Lawson, Secretary PAGE 4 3) Respondent shall serve a N/A day suspension which shall begin on the first Monday that is not a legal holiday 15 days following the receipt of this accepted stipulation. During the suspension, the division shall post signs on the exterior and interior of the license premises indicating that respondent’s license is suspended. Respondent agrees that it shall not deface, cover, remove, relocate, alter or damage any suspension signs posted by the division, nor permit others to do the same. 4) Respondent shall submit alcoholic beverage license/ tobacco permit number BEV6016701 for revocation effective 15 days after acceptance by the division. 5) Respondent shall reimburse investigative costs to the division in the amount of $N/A and reimburse investigative costs to the N/A in a separate check, in the amount of $N/A which shall both be remitted to your local district office of the Division of Alcoholic Beverages and Tobacco within N/A days following receipt of this stipulation. 6) Respondent shall forfeit all evidence seized related to this administrative complaint. The below listed items shall be returned to the respondent by petitioner within 15 days after receiving acceptance of this stipulation as follows: 7) Respondent waives the right to seek any attorney’s fees or cost from the petitioner or its agents or employees in connection with this disciplinary proceeding. 8) Additional agreements: 9) Respondent understands that the failure to comply with this stipulation, or any part of it, may result in additional penalties for violating an order of the division. 10) Have all violations cited in the attached administrative action been corrected as of this date? ( )YES ( )NO ’ 11) The following corrective action plan has been taken by the respondent to prevent future violations of the same nature, as cited in the administrative action. 650.6840 111 S. Sapodilla Ave., #105 www.MyFloridaLicense.com 561.65 West Paim Beach FL 33401 License Efficiently. Regulate Fairly. Florida Departmentef Business) ProfessiGral. . Reg ulation Rick Scott, Governor Ken Lawson, Secretary PAGE 5 12) If charges relate to drug violations or underage sales violations, the LICENSEE acknowledges that he/she is in compliance with sections 561.701 through 561.706, and sections 569.003 (Florida Responsible Vendor Act) and 569.008 (Retail Tobacco Products Dealer Qualifications), Florida Statutes. ( )YES ( )NO 561.650.6840 111 S. Sapodilla Ave., #105 www. MyFloridaLicense.com ~ West Palm Beach FL 33401 License Efficiently. Regulate Fairly. Florida Departmentof Busines Professional Regulation Ken Lawson, Secretary PAGE 6 RE: CASE NUMBER 2015050725 PALM COAST CAPITAL INVESTMENT GROUP LLC, D/B/A ZARA JAZZ CAFE RESTAURANT AND LOUNGE, LICENSE NUMBER BEV6016701 SERIES 4COP MUST SIGN IN THIS AREA Printed Name of Attorney Signature of LICENSEE, Corporate Officer, or Attorney for LICENSEE Email (optional) Printed Name of LICENSEE or Officer Mailing Address Email (Optional) City State ZIP Mailing Address (oo) Area Code and Phone Number City State ZIP __) Area Code and Phone Number Corporation must complete the following paragraph to this stipulation now. Therefore, be it resolved, that on , 2015, a meeting of the board of directors was held pursuant to legal notice and that the officer's signature appearing on this stipulation, executed in case number 2015050725 on behalf of this corporate respondent, is duly authorized, empowered and perfected to execute the stipulation on behalf of the corporation and is further empowered to execute any other documents necessary to fulfill the intent of the stipulation. In witness thereof, | have set my hand and seal of this corporation this day of , 2015. MUST AFFIX SEAL OR FACSIMILE HERE (Must Sign) LICENSEE/Corporate Secretary Signature FOR OFFICE USE ONLY Director’s or designee approval section (_) Approved (_ ) Disapproved Signature Date Thomas R. Philpot, Director Alcoholic Beverages & Tobacco 561.650.6840 111 S. Sapodilla Ave., #105 www.MyFloridaLicense.com . West Palm Beach FL 33401 License Efficiently. Regulate Fairly. Florida Departments Business) Professional . Regulation tie Seat, Sovera PAGE 7 RE: CASE NUMBER 2015050725 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO PETITIONER, VS. PALM COAST CAPITAL INVESTMENT GROUP LLC D/B/A ZARA JAZZ CAFE RESTAURANT AND LOUNGE LICENSE NUMBER BEV6016701 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 PALM COAST CAPITAL INVESTMENT GROUP LLC herein after referred to as “respondent,” and alleges: 1. 561.650.6840 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: PALM COAST CAPITAL INVESTMENT GROUP LLC D/B/A ZARA JAZZ CAFE RESTAURANT AND LOUNGE 1901 PALM BEACH LAKES BLVD WEST PALM BEACH, FL 33409 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. 111 S. Sapodilla Ave., #105 www.MyFloridaLicense.com West Palm Beach FL 33401 License Efficiently. Regulate Fairly. Florida Departmentof Busines Professional . Regulation wef Seat Gover PAGE 8 RE: CASE NUMBER 2015050725 DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO VS. . PALM COAST CAPITAL INVESTMENT GROUP LLC D/B/A ZARA JAZZ CAFE RESTAURANT AND LOUNGE LICENSE NUMBER BEV6016701 You, PALM COAST CAPITAL INVESTMENT GROUP LLC, D/B/A ZARA JAZZ CAFE RESTAURANT AND LOUNGE, are charged with the following count(s): 1. On or about 11/23/2015, 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: Richard Roberts, did fail to notify the division of a transfer of 10 percent or more of any financial interest, a change of executive officers or directors, or a divestiture or resignation of such interest or position, in your business licensed under the Beverage Law, this act being contrary to and in violation of section 561.17(3), Florida Statutes, within section 561.29(1)(a), Florida Statutes. 2. On or about 11/23/2015, you, the aforementioned licensee, holding a license issued by the Division of Alcoholic Beverages and Tobacco, 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, Florida Statutes, within section 561.29(1)(a), Florida Statutes. Signed this December 14, 2015 Thomas R. Philpot, Director Division pf Alcoholic Beverages & Tobacco fal Explanation of Service: Date Served Received By. Personal Service By —s—CSCSCSCSCSCS1Q) Personal Service By (print) Service Location Certified Mail # 7007 0710 0003 4214 9957 / 9590 9403 0364 5163 3076 23 *Attach Receipt if Served by Mail. 561.650.6840 111 S. Sapodilla Ave., #105 www.MyFloridaLicense.com ~ West Palm Beach FL 33401 License Efficiently. Regulate Fairly.

Docket for Case No: 16-004481