DOB: Cuppy's Coffee - STOP

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IN THE MATTER OF:

CUPPY'S COFFEE & MORE, INC. 

    ("Respondent")


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STOP ORDER DENYING
EFFECTIVENESS TO A BUSINESS
OPPORTUNITY REGISTRATION



DOCKET NO. SOCF-2009-864-B

I. PRELIMINARY STATEMENT

WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Chapter 672c of the General Statutes of Connecticut, the Connecticut Business Opportunity Investment Act (“Act”);

WHEREAS, the Commissioner, through the Securities and Business Investments Division (“Division”) of the Department of Banking, conducted an investigation of Respondent, its officers, agents, representatives and employees, pursuant to Section 36b-71(a) of the Act, to determine if any of them have violated or were about to violate the provisions of the Act;

WHEREAS, on September 8, 2009, based on the investigation by the Division, the Commissioner, acting pursuant to Sections 36b-68(a), 36b-72(a) and 36b-72(b) of the Act, issued a Notice of Intent to Issue a Stop Order Denying Effectiveness to a Business Opportunity Registration, Order to Cease and Desist, Notice of Intent to Fine and Notice of Right to Hearing (collectively “Notice”) against Respondent, which Notice is incorporated by reference herein;

WHEREAS, on September 9, 2009, the Notice was mailed by certified mail, return receipt requested, to the Respondent (Certified Mail No. 7007 2680 0001 3136 7450);

WHEREAS, the Notice provided Respondent with the opportunity for a hearing, and stated, inter alia, that the Commissioner shall issue a stop order denying effectiveness to the business opportunity registration of “Cuppy’s Coffee & More, Inc.” in Connecticut if a hearing was not requested within fourteen days of its receipt;

WHEREAS, on September 22, 2009, the Notice was returned to the Department of Banking marked “Return to Sender – Moved Left No Address, Unable to Forward”;

WHEREAS, on September 23, 2009, the Notice was served on the Commissioner, and on September 29, 2009, in accordance with Section 36b-62(b) of the General Statutes of Connecticut, Notice of Service on the Banking Commissioner, dated September 29, 2009 (“Notice of Service”), was sent by registered mail, return receipt requested, to Respondent;

WHEREAS, Respondent has failed to request a hearing on the matters set forth in the Notice within 14 days of the date of the Notice of Service[;]

WHEREAS, the Commissioner alleged in the Notice, with respect to the activity described therein, that Respondent’s application for registration of “Cuppy’s Coffee & More, Inc.” as a business opportunity (“Application”) contains statements that are false or misleading with respect to material facts, which forms a basis for a stop order denying effectiveness to a business opportunity registration under Section 36b-68(a)(3) of the Act, and that Respondent wilfully violated Sections 36b-67(1) and 36b-80 of the Act, which forms a basis for a stop order denying effectiveness to a business opportunity registration under Section 36b-68(a)(4) of the Act;

WHEREAS, on October 19, 2009, a Certification was issued rendering the Order to Cease and Desist contained in the Notice permanent as of October 14, 2009, which certification is incorporated by reference herein;

WHEREAS, the Commissioner found in the Order to Cease and Desist contained in the Notice with respect to the activity described therein, that Respondent violated Sections 36b-67(1) and 36b-80 of the Act;

WHEREAS, Section 36b-68(a) of the Act, provides, in relevant part, that “[t]he commissioner may issue a stop order denying effectiveness to . . . any business opportunity registration if he finds: . . . (3) that the registration of the business opportunity . . . contains any statement which was, in the light of the circumstances under which it was made, false or misleading with respect to any material fact; or (4) that any provision of sections 36b-60 to 36b-80, inclusive, . . . has been wilfully violated by any person”;

WHEREAS, Section 36b-68(c) of the Act, provides, in relevant part, that “[n]o stop order may be entered under this section except as provided in subsection (b) of this section without:  (1) Appropriate prior notice to the applicant . . . of a business opportunity; (2) opportunity for a hearing; and (3) the issuance of written findings of fact and conclusions of law by the commissioner”;

WHEREAS, the Notice is hereby incorporated by reference and adopted herein;

WHEREAS, the Commissioner finds that the facts as set forth in paragraphs 7 through 16, inclusive, of the Notice, shall constitute findings of fact, within the meaning of Section 36b-68(c) of the Act and Section 4-180(c) of the General Statutes of Connecticut, and that the statutory basis for the Notice set forth in paragraphs 17 through 26, inclusive, of the Notice shall constitute conclusions of law, within the meaning of Section 36b-68(c) of the Act and Section 4-180(c) of the General Statutes of Connecticut;

AND WHEREAS, the Commissioner finds that Respondent’s Application contains statements that are false or misleading with respect to material facts, and Respondent wilfully violated Sections 36b 67(1) and 36b-80 of the Act,

II. ORDER

THE COMMISSIONER THEREFORE ORDERS that the effectiveness of the business opportunity registration of “Cuppy’s Coffee & More, Inc.”, be and is hereby DENIED, and that this Order shall become final when mailed.

________/s/_________
Howard F. Pitkin
Banking Commissioner


Issued at Hartford, Connecticut, 
this 10th day of November 2009.


This Order was sent by certified mail,
return receipt requested, to Respondent
on November 12, 2009.

Cuppy's Coffee & More, Inc. 
348 Miracle Strip Parkway SW, Building C, Suite 10
Fort Walton Beach, Florida  32548-5257
Certified Mail No. 7008 1140 0002 4974 3428


Administrative Orders and Settlements