Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTEL WAGERING
Respondent: WASHINGTON COUNTY KENNEL CLUB, INC.
Judges: E. GARY EARLY
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Jun. 04, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 6, 2018.
Latest Update: Dec. 23, 2024
FILED
Department of Business arid Professional Regulation
Deputy Agency Clerk
STATE OF FLORIDA CLERK Evette Lawson-Proctor
DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATI| pe 9/45/2016
DIVISION OF PARI-MUTUEL WAGERING File #
DEPARTMENT OF BUSINESS &
PROFESSIONAL REGULATION, DIVISION
OF PARI-MUTUEL WAGERING,
Petitioner, DBPR CASE No.: 2016-006310
Vv.
WASHINGTON COUNTY KENNEL CLUB,
INC.,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering
(“Petitioner”) files this Administrative Complaint against Washington County 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 154 issued by Petitioner, and operates a cardroom, license number 154-1002, 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 February 8, 2016, on table number 21, 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 February 10, 2016, on table number 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, 2, and 7 of this Administrative Complaint are realleged and
incorporated fully herein.
15. On February 8, 2016, Respondent allowed the “designated player” seated in the
corner of table 21 to work in Respondent’s cardroom.
16. On February 8, 2016, the “designated player” seated in the corner of table 21 did not
have a valid occupational license.
17. Based on the foregoing, Respondent violated Section 849.086(6)(c), Florida Statutes,
by allowing an unlicensed person to work in the cardroom.
COUNT 4
18. Paragraphs 1, 2, and 7 of this Administrative Complaint are realleged and
incorporated fully herein.
19. On February 10, 2016, Respondent allowed the “designated player” seated in the
corner of table 1 to work in Respondent’s cardroom.
20. On February 10, 2016, the “designated player” seated in the corner of table 1 did not
have a valid occupational license.
21. 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 respectfully 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.
Signed this 15th day of February, 2016, by:
/s/ Louis Trombetta
LOUIS TROMBETTA
Florida Bar No. 0108119
Assistant General Counsel
Louis. Trombetta@MyFloridaLicense.com
/s/ Wiliam Hall
WILLIAM D. HALL
Chief Attorney
Florida Bar No. 67936
Office of the General Counsel
Division of Pari-Mutuel Wagering
Department of Business and
Professional Regulation
1940 N. Monroe Street, Ste. 40
Tallahassee, FL 32399-2202
(850) 717-1768 Telephone
(850) 921-1311 Facsimile
Docket for Case No: 18-002856
Issue Date |
Proceedings |
Sep. 06, 2018 |
Order Relinquishing Jurisdiction without Prejudice and Closing File. CASE CLOSED.
|
Sep. 05, 2018 |
Amended Joint Motion to Relinquish Jurisdiction filed.
|
Sep. 05, 2018 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jun. 19, 2018 |
Notice of Appearance filed.
|
Jun. 14, 2018 |
Order of Pre-hearing Instructions.
|
Jun. 14, 2018 |
Notice of Hearing (hearing set for September 26 and 27, 2018; 9:00 a.m.; Tallahassee, FL).
|
Jun. 14, 2018 |
Order of Consolidation (DOAH Case Nos. 18-2853, 18-2854, 18-2855, and 18-2856).
|
Jun. 12, 2018 |
Response to Initial Order filed.
|
Jun. 05, 2018 |
Initial Order.
|
Jun. 04, 2018 |
Request for Hearing filed.
|
Jun. 04, 2018 |
Administrative Complaint filed.
|
Jun. 04, 2018 |
Agency referral filed.
|