STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, )

DIVISION OF HOTELS AND )

RESTAURANTS, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1728

) A & A SELECT RESTAURANTS, INC., ) t/a SPANISH PAVILION RESTAURANT, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held on Wednesday, September 2, 1976, at 9:30 A.M., before Charles C. Adams, Hearing Officer with the Division of Administrative Hearings at 7880 Northwest 36th Street, Miami, Florida.

APPEARANCES

For Petitioner: Charles F. Tunnicliff, Esquire

Division of Beverage The Johns Building 725 Bronough Street

Tallahassee, Florida 32304

For Respondent: Manuel Miranda, Owner

Represented by spokesman Rene Valdes 8880 Southwest 24th Street

Miami, Florida 33155

ISSUE

1. Whether or not on November 1, 1975, the Respondent, in its licensed premises, failed to have food covered in a refrigerator in violation of Rule 7C- 4.01(2)(a)(b)(c), Florida Administrative Code.

   
   

2. Whether or not on November 1, 1975, Respondent, in its licensed premises failed to provide soap and towels in the employees' restroom, in violation of Rule 7C-4.01(5)(e)(f), Florida Administrative Code.

   
   

3. Whether or not on November 1, 1975, the Respondent, in its licensed premises failed to clean the hood over a stove, in violation of Rule 7C- 4.01(4)(a)(7), Florida Administrative Code.

   
   

4. Whether or not on November 1, 1975, the Respondent, in its licensed premises failed to clean can openers, in violation of Rule 7C-4.01(4)(f)(1), Florida Administrative Code.

5. Whether or not on November 1, 1975, the Respondent, in its licensed premises failed to repair holes in a wall and where needed, in violation of Rule 7C-4.01(6)(h), Florida Administrative Code.

   
   

6. Whether or not on November 1, 1975, the Respondent, in its licensed premises failed to clean its floors in hard to get places in violation of Rule 7C-4.01(6)(a)(b), Florida Administrative Code.

   
   

7. Whether or not on November 1, 1975, the Respondent, in its licensed premises failed to clean an ice machine that makes ice cubes, in violation of Rule 7C-4.01(4)(f)(1), Florida Administrative Code.

FINDINGS OF FACT

1. The Respondent, A & A Select Restaurants, Inc., t/a Spanish Pavilion Restaurant, is licensed with the State of Florida, Department of Business Regulation, Division of Hotels and Restaurants, under license no. 23-13152R, and was so licensed on November 1, 1975.

   
   

2. On the morning of November 1, 1975, an inspector with the Division of Hotels and Restaurants, arrived at the Spanish Pavilion Restaurant, owned by A & A Select Restaurants, Inc., for the purpose of inspecting the restaurant. This restaurant is located at 8880 S.W. 24th Street, Miami, Florida. The time of the inspection was between the hours of 9:00 A.M. and 11:00 A.M. of November 1, 1975. The inspection was conducted by Robert J. Barrett. The food in the walk- in refrigerator was uncovered and was positioned in such a way that food in the containers might fall into other containers, thereby contaminating the adjacent food. The employees' bathroom which contained a sink and toilet, did not have soap or a towel in the bathroom or in the immediate vicinity of the bathroom. The filter and hood over one of the stoves had an accumulation of grease and dirt, which had been collecting over a period of time. One of the can openers had an accumulation of dirt and grease on the opener-wheel. There was a hole of approximately 4" in diameter through the east wall adjacent to one of the ice machines. This ice machine was in operation. The neighborhood in which the restaurant is located is one with a high rodent population. The floors in the corners adjacent to the work tables and stoves were not clean. One of the ice machines had slime in the area where the formed cubes were ejected.

   
   

   CONCLUSIONS OF LAW

   
   

3. It is concluded as a matter of law that the facts concerning the failure to cover the food in the walk-in refrigerator establish a violation of Rule 7C-4.01(2)(a), Florida Administrative Code but do not establish violations of Rule 7C-4.01(2)(b)(c), Florida Administrative Code.

   
   

4. It is concluded as a matter of law that the facts which show that the Respondent failed to provide soap and towels in the employees' restroom which contained a toilet and lavatory, or to provide those items in an area immediately adjacent to the employees' restroom is a violation of Rule 7C- 4.01(5)(f), Florida Administrative Code. It is concluded as a matter of law that the facts concerning the employees' restroom as set forth above do not establish a violation of Rule 7C-4.01(5)(e), Florida Administrative Code.

   
   

5. It is concluded as a matter of law that the facts as set forth, established that the Respondent failed to clean the hood over the stove in violation of Rule 7C-4.01(4)(a)(7), Florida Administrative Code.

6. It is concluded as a matter of law that the facts established that the Respondent failed to clean the can opener, in violation of Rule 7C- 4.01(4)(f)(1), Florida Administrative Code.

   
   

7. It is concluded as a matter of law that the failure of the Respondent to repair holes in the east wall near the ice machine does not establish a violation of Rule 7C-4.01(6)(h), Florida Administrative Code.

   
   

8. It is concluded as a matter of law that the Respondent's failure to clean the floor in the areas adjacent to the work tables and stoves is a violation of Rule 7C-4.01(6)(a), Florida Administrative Code. It is concluded as a matter of law that the failure to clean as set forth in the above facts does not establish a violation of Rule 7C-4.01(6)(b), Florida Administrative Code.

   
   

9. It is concluded as a matter of law that the Respondent's failure to clean the ice machine at the juncture where the formed ice is ejected is a violation of Rule 7C-4.01(4)(f)(1), Florida Administrative Code.

   
   

10. For the violations as established in the course of the administrative complaint the Respondent is held to answer to the penalties as set forth in 509.261, Florida Statutes.

RECOMMENDATION

It was indicated in the course of the hearing that the Respondent had been inspected by the Division of Hotels and Restaurants on February 17, 1975, and the floors were found to be unclean, the food uncovered in a similar manner, the sink by the broiler unclean and the sink by one of the work tables unclean. It was further indicated in the course of the hearing that the follow-up inspection of November 3, 1975, revealed that those matters found in the November 1, 1975, inspection had been corrected. Based upon these aggravating and mitigating factors it is recommended that Respondent be fined in the amount of $250.

DONE and ENTERED this 8th day of October, 1976, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Manuel Miranda, Owner Charles F. Tunnicliff, Esquire 8880 Southwest 24th Street Division of Beverage

Miami, Florida 33155 The Johns Building Tallahassee, Florida 32304

Docket for Case No: 76-001728

Orders for Case No: 76-001728