FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATI| pe 4/25/2016 DIVISION OF PARI-MUTUEL WAGERING File # DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR CAsE No.: 2015-053207 Vv. ST. PETERSBURG KENNEL CLUB, INC., Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (“Petitioner”) files this Administrative Complaint against St. Petersburg Kennel Club, Inc., (“Respondent”) and alleges the following: 1. Petitioner is the state agency charged with regulating pari-mutuel wagering pursuant to Chapter 550, and Section 849.086, Florida Statutes (2015)’. 2. At all times material hereto, Respondent held a permit to conduct Pari-Mutuel Wagering, number 151 issued by Petitioner, and operates a cardroom, license number 151-1002, also issued by Petitioner. 3. According to Section 849.086(2)(c), Florida Statutes, a “Cardroom” is a “facility where authorized games are played for money or anything of value...” 4. An “authorized game” is defined in 849.086(2)(a), Florida Statutes, as “a game or series of games of poker or dominoes which are played in a nonbanking manner.” ' All references to the Florida Statutes or Florida Administrative Code made herein are made to the 2015 versions. 1 5. Additionally, according to 849.086(2)(b), Florida Statutes, a “banking game” is “a game in which the house is a participant in the game, taking on players, paying winners, and collecting from losers or in which the cardroom establishes a bank against which participants play.” 6. Section 849.086(12)(a), Florida Statutes, says “no person licensed to operate a cardroom may conduct any banking game or any game not specifically authorized by [Section 849.086, Florida Statutes |.” 7. Additionally, according to Section 849.086(6)(c), Florida Statutes, “[n]o licensed cardroom operator may employ or allow to work in a cardroom any person unless such person holds a valid occupational license.” COUNT 1 8. Paragraphs 1 through 6 of this Administrative Complaint are realleged and incorporated fully herein. 9. On December 7, 2015, on table number 5-1 Respondent operated a banking game or a game not specifically authorized by Section 849.086, Florida Statutes. 10. Based on the foregoing, Respondent violated Section 849.086(12)(a), Florida Statutes, by operating a banking game or a game not specifically authorized by Section 849.086, Florida Statutes. COUNT 2 11. Paragraphs 1 through 6 of this Administrative Complaint are realleged and incorporated fully herein. 12. On December 7, 2015, on table number 6-1 Respondent operated a banking game or a game not specifically authorized by Section 849.086, Florida Statutes. 13. Based on the foregoing, Respondent violated Section 849.086(12)(a), Florida Statutes, by operating a banking game or a game not specifically authorized by Section 849.086, Florida Statutes. COUNT 3 14. Paragraphs 1 through 6 of this Administrative Complaint are realleged and incorporated fully herein. 15. On December 7, 2015, on table number 6-2 Respondent operated a banking game or a game not specifically authorized by Section 849.086, Florida Statutes. 16. Based on the foregoing, Respondent violated Section 849.086(12)(a), Florida Statutes, by operating a banking game or a game not specifically authorized by Section 849.086, Florida Statutes. COUNT 4 17. Paragraphs 1 through 6 of this Administrative Complaint are realleged and incorporated fully herein. 18. On December 7, 2015, on table number 7-1 Respondent operated a banking game or a game not specifically authorized by Section 849.086, Florida Statutes. 19. Based on the foregoing, Respondent violated Section 849.086(12)(a), Florida Statutes, by operating a banking game or a game not specifically authorized by Section 849.086, Florida Statutes. COUNT 5 20. Paragraphs 1 through 6 of this Administratrve Complaint are realleged and incorporated fully herein. 21. On December 7, 2015, on table number 8-1 Respondent operated a banking game or a game not specifically authorized by Section 849.086, Florida Statutes. 22. Based on the foregoing, Respondent violated Section 849.086(12)(a), Florida Statutes, by operating a banking game or a game not specifically authorized by Section 849.086, Florida Statutes. COUNT 6 23. Paragraphs 1, 2, and 7 of this Administrative Complaint are realleged and incorporated fully herein. 24. On December 7, 2015, Respondent allowed the person seated in seat 8 at the corner of table 5-1 to work in Respondent’s cardroom. 25. On December 7, 2015, the person seated in seat 8 at the corner of table 5-1 did not have a valid occupational license. 26. Based on the foregoing, Respondent violated Section 849.086(6)(c), Florida Statutes, by allowing an unlicensed person to work in the cardroom. COUNT 7 27. Paragraphs 1, 2, and 7 of this Administratrve Complaint are realleged and incorporated fully herein. 28. On December 7, 2015, Respondent allowed the person seated in seat 8 at the corner of table 6-1 to work in Respondent’s cardroom. 29. On December 7, 2015, the person seated in seat 8 at the corner of table 6-1 did not have a valid occupational license. 30. Based on the foregoing, Respondent violated Section 849.086(6)(c), Florida Statutes, by allowing an unlicensed person to work in the cardroom. COUNT 8 31. Paragraphs 1, 2, and 7 of this Administratrve Complaint are realleged and incorporated fully herein. 32. According to Section 849.086(6)(c), Florida Statutes, “[n]o licensed cardroom operator may employ or allow to work in a cardroom any person unless such person holds a valid occupational license.” 33. On December 7, 2015, Respondent allowed the person seated in seat 8 at the corner of table 6-2 to work in Respondent’s cardroom. 34. On December 7, 2015, the person seated in seat 8 at the corner of table 6-2 did not have a valid occupational license. 35. Based on the foregoing, Respondent violated Section 849.086(6)(c), Florida Statutes, by allowing an unlicensed person to work in the cardroom. COUNT 9 36. Paragraphs 1, 2, and 7 of this Administrative Complaint are realleged and incorporated fully herein. 37. On December 7, 2015, Respondent allowed the person seated in seat 8 at the corner of table 7-1 to work in Respondent’s cardroom. 38. On December 7, 2015, the person seated in seat 8 at the corner of table 7-1 did not have a valid occupational license. 39. Based on the foregoing, Respondent violated Section 849.086(6)(c), Florida Statutes, by allowing an unlicensed person to work in the cardroom. COUNT 10 40. Paragraphs 1, 2, and 7 of this Administrative Complaint are realleged and incorporated fully herein. 41. On December 7, 2015, Respondent allowed the person seated in seat 8 at the corner of table 8-1 to work in Respondent’s cardroom. 42. On December 7, 2015, the person seated in seat 8 at the corner of table 8-1 did not have a valid occupational license. 43. Based on the foregoing, Respondent violated Section 849.086(6)(c), Florida Statutes, by allowing an unlicensed person to work in the cardroom. WHEREFORE, Petitioner respecttully requests the Division enter a Final Order imposing any and/or all penalties authorized by Section 550.0251 or 849.086, Florida Statutes, and/or any other relief the Division is authorized to impose pursuant to Chapter 550, and 849, Florida Statutes, and the rules promulgated thereunder. This Administrative Complaint in DBPR case 2015-053207 is signed this 25" day of January, 2016, by: KEN LAWSON, Secretary Department of Business and Professional Regulation /s/ Louis Trombetta LOUIS TROMBETTA Florida Bar No. 0108119 Assistant General Counsel /s/ William Hall WILLIAM D. HALL Chief Attorney Florida Bar No. 67936 Office of the General Counsel Department of Business and Professional Regulation 1940 N. Monroe Street, Ste. 40 Tallahassee, FL 32399-2202 (850) 717-1768 Telephone (850) 921-1311 Facsimile NOTICE OF RIGHTS Please be advised that within twenty-one (21) days of your receipt of this administrative complaint you have the right to request an administrative hearing. Any such hearing would be conducted in accordance with the provisions of Sections 120.569 and 120.57, Florida Statutes, and you would have the right to be represented by counsel or other qualified representative, to call and examine witnesses, and to have subpoenas issued on your behalt. However, if you do not file (Le., we do not receive) your request for hearing within the twenty-one (21) days, you will have waived your right to any hearing. Please also be advised that mediation is not available in this matter.

Docket for Case No: 18-002855