Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: 459 CHINESE SUPER BUFFET
Judges: DANIEL MANRY
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Jul. 27, 2005
Status: Closed
Recommended Order on Wednesday, December 21, 2005.
Latest Update: Jan. 19, 2006
Summary: The issues presented in this consolidated proceeding are whether Respondent committed the acts and violations alleged in the two administrative complaints, and, if so, what penalty, if any, should be imposed.Respondent, without proof of original employee training, and that failed to keep eggs at the required temperature and that committed other violations should be fined $1,300.
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Patitioner,
vs.
License No. 5802478
459 CHINESE Reeeem License Type 2010 Permanent Food Service
SPI , Case No. 2005000574
ADMI TIVE COMPLAIN
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Patitioner’), files this Administrative Complaint against 459 CHINESE SUPER BUFFET,
(‘Respondent’), and says:
1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and
public food service establishments, pursuant to Section 20,165 and Chapter 509, Florida Statutes.
2. Respondentis, and has been at all timas material hereto, licerised by or subject to the jurisdiction of the
Division of Hotels and Restaurants. The respondent's business address of record Is 657 N PRIMROSE
DR, ORLANDO, FLORIDA 228035016. The mailing address of record is 459 CHINESE SUPER BUFFET,
at 657 N PRIMROSE DR, ORLANDO, FLORIDA 328035016.
3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations
of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing
operation of the establishment, The violation(s) found and applicable law are described in Exhibit "A,’
attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “B”,
incorporated herein by reference.
WHEREFORE, Patitioner respectfully requests entry of an Order imposing one or more of the following
penalties: administrative fine not'to exceed $1,000 par offense; mandatory attendance at Respondent’s
expense at an educational program sponsored by the Department's Hospitality Education Program:
Suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief
authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto.
Signed January 07, 2005
Valerie Freeman, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Charles F. Tunnicliff, Lead Attorney
Florida Bar No, 0153831
Department of Business & Professional Regulation
1840 North Monroe Street
Tallahassee, Florida 32399-1007
‘CERTIFICATE OF SERVICE
BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: ____, ;
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this. day of , 2005,
Received by:
Inspector's Signature Operator's Signature
Title Title
Casa Number: 2005000574 Form revised 10/25/04
Lleanse Type: 2010 Permanent Food Service District Number: 04
459 CHINESE SUPER BUFFET
License Nurnber: 5802478
Jul 27 2005 9:05
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License Number; 5802478 .
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2005000574
Exhibit A
“FC" as clted herein references specific provisions of the 1999 Foad Code, Recommendations of the United
States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida
Administrative Code. "NFPA" as cited herein references specific Provisions of the National Fire Protection
Association Life Safety Cade, incorporated by reference at Chapter 4A-3, “Fire Prevention, General
Provisions”, Florida Administrative Code, and 61C-1 .004(5), Florida Administrative Code,
It is alleged that on October 28, 2004, Qcinber 29, 2004 November 5, 2004 and December 1, 2004 the
licensee was in violation of Florida Statute 809(FS) and/or the Rules of the Division of Hotels and Restaurants,
Florida Administrative Code (FAC), in the follawing particulars. Copy(s) of the report(s) for the above
referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B.
1. 37-02 61C-1.004(6) FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND
FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS.
A.) OBSERVED A GREASE BUILD UP ON THE WALL NEAR THE FRYER,
B.) OBSERVED FOOD DEBRIS BUILD UP ON THE FLOORS IN THE CORNERS OF THE KITGHEN,
* 2.538-06 61C-4.023(4)(A) FAC ALL PUBLIC FOOD SERVICE EMPLOYEES MUST RECEIVE
TRAINING ON PROFESSIONAL HYGIENE AND FOOD BORNE DISEASE PREVENTION. PROFESSIONAL
HYGIENE INCLUDES PERSONAL CLEANLINESS AND HYGIENIC PRACTICES IN ACCORDANCE WITH
THE FOOD CODE AND TECHNIQUES TO PREVENT CROSS CONTAMINATION, FOOD BORNE DISEASE
PREVENTION TRAINING MUST INCLUDE THE TYPES AND CAUSES OF FOOD BORNE ILLNESS,
IDENTIFICATION OF POTENTIALLY HAZARDOUS FOOD, AND HOW TO CONTROL OR ELIMINATE
HARMFUL BACTERIA IN A FOOD SERVICE ESTABLISHMENT.
OBSERVED NO PROOF OF REQUIRED EMPLOYEE. TRAINING FOR FOOD SERVICE EMPLOYEES WHO
HAD BEEN EMPLOYED FOR MORE THAN 60 DAYS,
* denotes critical violation Exhibit A
Case Number. 2005000574 Page 1
License Type: 2010 PERMANENT FOOD SERVICE
License Number: 5802478
Docket for Case No: 05-002732
Issue Date |
Proceedings |
Jan. 19, 2006 |
Final Order filed.
|
Jan. 05, 2006 |
Letter to Mr. Luebkemann from M. Quinn regarding the inspection process filed.
|
Dec. 21, 2005 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Dec. 21, 2005 |
Recommended Order (hearing held October 11, 2005). CASE CLOSED.
|
Dec. 19, 2005 |
Notice of Ex-parte Communication.
|
Dec. 12, 2005 |
(Respondent`s Proposed) Recommended Order filed.
|
Dec. 01, 2005 |
Petitioner`s Proposed Recommended Order filed.
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Nov. 28, 2005 |
Order Granting Extension (Proposed Recommended Orders to be filed by December 1, 2005).
|
Nov. 23, 2005 |
Petitioner`s Motion for Extension of Time to File the Proposed Recommended Order filed.
|
Nov. 17, 2005 |
Transcript filed. |
Oct. 24, 2005 |
(Respondent`s) Recommended Order filed.
|
Oct. 11, 2005 |
CASE STATUS: Hearing Held. |
Sep. 20, 2005 |
Petitioner`s Consolidated Witness List filed.
|
Sep. 12, 2005 |
Order of Consolidation (consolidated cases are: 05-2732 and 05-3189).
|
Sep. 12, 2005 |
Amended Notice of Hearing (hearing set for October 11, 2005; 9:00 a.m.; Orlando, FL; amended as to Case Numbers).
|
Sep. 08, 2005 |
Petitioner`s Motion to Consolidate (filed in DOAH Case No. 05-3189).
|
Aug. 31, 2005 |
Order of Pre-hearing Instructions.
|
Aug. 31, 2005 |
Notice of Hearing (hearing set for October 11, 2005; 9:00 a.m.; Orlando, FL).
|
Aug. 30, 2005 |
Response to Initial Order filed.
|
Aug. 04, 2005 |
Letter to Judge Quattlebaum from M. Quinn responding to the Initial Order filed.
|
Aug. 03, 2005 |
Amended Initial Order.
|
Jul. 27, 2005 |
Initial Order.
|
Jul. 27, 2005 |
Election of Rights filed.
|
Jul. 27, 2005 |
Administrative Complaint filed.
|
Jul. 27, 2005 |
Agency referral filed.
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Orders for Case No: 05-002732
Issue Date |
Document |
Summary |
Jan. 18, 2006 |
Agency Final Order
|
|
Dec. 21, 2005 |
Recommended Order
|
Respondent, without proof of original employee training, and that failed to keep eggs at the required temperature and that committed other violations should be fined $1,300.
|