08-004896 Department Of Business And Professional Regulation, Division Of Alcoholic Beverages And Tobacco vs. Palladium West Corp., D/B/A 41 West Restaurant Status: Closed Recommended Order on Wednesday, November 19, 2008.

Summary: Respondent failed to appear at the hearing he requested. Jurisdiction was ceded to the Department for final action.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS AND )

PROFESSIONAL REGULATION, )

DIVISION OF ALCOHOLIC BEVERAGES )

AND TOBACCO, )

)

Petitioner, )

)

vs. ) Case No. 08-4896

)

PALLADIUM WEST CORP., d/b/a 41 WEST RESTAURANT, )

)

)

Respondent. )

)

RECOMMENDED ORDER

This cause came on for formal hearing before Harry L.

Hooper, Administrative Law Judge with the Division of

Administrative Hearings, on November 18, 2008, in Fort Myers,

Florida.

APPEARANCES

For Petitioner: Michael John Wheeler, Esquire

Department of Business and

Professional Regulation

Northwood Center, Suite 40

1940 North Monroe Street

Tallahassee, Florida 32399-2202

For Respondent: No appearance

STATEMENT OF THE ISSUE

The issue is whether Respondent violated the Beverage Law.

PRELIMINARY STATEMENT

Petitioner, Department of Business and Professional

Regulation, Division of Alcoholic Beverages and Tobacco

(Division), issued an Administrative Action with regard to

Respondent Palladium West Corporation (Palladium) on April 3,

2008. The Administrative Action listed sanctions that might be

applied to the license of Palladium for violations of

Subsection 561.17(1), Florida Statutes (2007), within Subsection

561.29(1)(a), Florida Statutes; Subsection 561.20(2)(a)4.,

Florida Statutes (2007), within Subsection 561.29(1)(a), Florida

Statutes; and Florida Administrative Code Rule 61A-3.0141(3)(d)

within Subsection 561.29(1)(a), Florida Statutes.

Palladium, through its agent Leonid Brenman, on July 20,

2008, demanded a hearing. The Division forwarded the complaint

and allied papers to the Division of Administrative Hearings and

it was set for hearing in Fort Myers, Florida, on November 18,

2008. Palladium was duly notified. At the appointed time and

place, no one representing Palladium appeared. The Division,

through counsel, appeared.

FINDINGS OF FACT

1. The Division is the state agency charged with

supervising businesses licensed under the Beverage Law.

2. Palladium of 1110 Seawane Drive, Hewlett, New York, has

a consumption on the premises license issued by the Division for

operations at 41 West Restaurant and Lounge in Bradenton,

Florida.

3. Palladium, through its failure to pursue its demand,

has admitted that no disputed facts exist with regard to the

Administrative Action.

CONCLUSIONS OF LAW

4. The Division of Administrative Hearings has

jurisdiction over the subject matter of and the parties to this

proceeding. § 120.57(1), Fla. Stat.

RECOMMENDATION

Based upon the Findings of Fact and Conclusions of Law,

it is

RECOMMENDED that the Division take jurisdiction of the

matter and enter such final order as it deems appropriate.

DONE AND ENTERED this 19th day of November, 2008, in

Tallahassee, Leon County, Florida.

S

HARRY L. HOOPER

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 19th day of November, 2008.

COPIES FURNISHED :

Leonid Brenman

Palladium West Corp.

1110 Seawane Drive

Hewlett Harbor, New York 11557

Michael John Wheeler, Esquire

Department of Business and

Professional Regulation

Northwood Center, Suite 40

1940 North Monroe Street

Tallahassee, Florida 32399-2202

Ned Luczynski, General Counsel

Department of Business and

Professional Regulation

Northwood Center, Suite 40

1940 North Monroe Street

Tallahassee, Florida 32399-2202

Cynthia Hill, Director

Division of Alcoholic Beverage

and Tobacco

Department of Business and

Professional Regulation

Northwood Center, Suite 40

1940 North Monroe Street

Tallahassee, Florida 32399-2202

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.