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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs TASTE OF SAIGON II, 10-002427 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-002427 Visitors: 24
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: TASTE OF SAIGON II
Judges: SUZANNE F. HOOD
Agency: Department of Business and Professional Regulation
Locations: Marianna, Florida
Filed: May 04, 2010
Status: Closed
Recommended Order on Thursday, October 14, 2010.

Latest Update: Nov. 12, 2019
Summary: The issues are as follows: (a) whether Respondent violated Chapter 509, Florida Statutes, and specific provisions of the Food Code, 2001, Recommendations of the United States Public Health Service/Food and Drug Administration (Food Code), adopted by reference in Florida Administrative Code Rule 61C-1.001(14); and, if so, (b) what penalty should be imposed.Petitioner presented clear and convincing evidence that Respondent violated Chapter 509, Florida Statutes, and numerous provisions of the Food
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AGC - Filing For: HOTELS AND RESTAURANTS - 11/18/2010 - 2010-10849 - 2009060716 - TASTE OF SAI GON II - FINAL ORDER



FILED

Departmeot o/ Busi'1es, and Profession al Regulation

Deput y Agency Clerk

CLERK

Date

Brandon Nichols

11/18/2010

   File#          2010-10849              

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS


DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS,


Petitioner,


v.


DOAH CASE NOS.:10-2427

H&R CASE NOS.: 2009-060716 LICENSE NO.: 11-02701


TASTE OF SAIGON II,


Respondent.

                                                                                I


FINAL ORDER


The Director,

Division

of Hotels

and Restaurants,


Department of

Business and

Professional

Regulation (the


Division), after consideration of the complete record of this case on file with the Division, enters this Final Order.

  1. On December 2, 2009, Administrative Complaint in DBPR

    the Department case number

    issued an 2009-060716

    attached hereto as exhibit "A."


  2. On September 24, 2010, a hearing in this cause was held before the Honorable Suzanne F. Hood, Administrative Law Judge, Division of Administrative Hearings.

  3. On October 14, 2010, Honorable Suzanne F. Hood issued a Recommended Order, a copy of which is attached as Exhibit "B." The Statement of the Issues, Preliminary Statement, Findings of

    I 7160 3901 9849 14a 76271


    Filed November 12, 2019 1:41 PM Division of Administrative Hearings

    Fact, Conclusions of Law, and Recommendation contained in the Recommended Order are hereby adopted in toto and incorporated herein by reference.

    Based upon the foregoing, and being otherwise fully advised in the premises it is, hereby ORDERED that: for Respondent's violations of Section 509, Florida Statutes, and/or the rules promulgated thereto the following penalty is imposed:

    1. Respondent's license shall be suspended for six (6) consecutive days, effective the first Monpay forty (40) days from the date this Final Order is filed with the Agency Clerk.

    2. This Final Order shall become effective on the date of filing with the Agency Clerk


-,I---'----'--"---"--------

DONE AND ORDERED this day of N PVe.v'\'l b..e...,. , 2010.


Department of Business and Professional Regulation

Division of Hotels and Restaurants 1940 North Monroe Street Tallahassee, Florida 32399-1015


2

NOTICE OF RIGHT TO APPEAL UNLESS WAIVED


Unless expressly waived, any party substantially affected by this final order may seek judicial review by filing an original Notice of Appeal with the Clerk of the Department of Business and Professional Regulation, and a copy of the notice, accompanied by the filing fees prescribed by law, with the clerk of the appropriate District Court of Appeal within thirty ( 30) days rendition of this order, in accordance with Rule 9.110, Fla. R. App. P., and Section 120.68, Florida Statutes.


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Certified U.S. Mail to Taste of Saigon I I, 4 8 60 Northwest 39th Avenue, Suite C, Gainesville, Florida 32606; by regular U.S. Mail to the Honorable Suzanne F. Hood, Administrative Law Judge, Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; and by hand delivery to Marc Drexler, Chief Attorney, Division of Hotels and Restaurants, Department of Business and Professional

Regulations, 1940 rth Monro 32399-2202, this dayof ,v

s t r e e t ,b Tallahassee, Florida

er ,

1 OU 2010.



For the Division of Hotels and Restaurants


3


7160 3901 9849 1408 7627


TO:

'

I'i

,:

:!

(i

:!

1:

'i

1,,:

BLUE FIN LLC TASTE OF SAIGON II

4860 NW 39 AVE STE C

GAINESVILLE, FLORIDA 32606

-

SENDER:

Dept of Business & Prof Regulation D1v1s1on of Hotels & Restaurants

REFERENCE:

License No 1102701

License Type 2010

Case No 2009060716

PS Form 3800 Januarv 2005

RETURN RECEIPT SERVICE

I I I I I

'

'

'

'

US Postal Service

Receipt for Certified Mail

No Insurance Coverage Provided Do Not Use for International Mail

POSTMARK OR DATE

It /tl-/1°

- ..· ..

Total Postage & Fees

Restricted Delivery

Return Receipt Fee

Certified Fee

Postage

I


Docket for Case No: 10-002427
Issue Date Proceedings
Nov. 12, 2019 Agency Final Order filed (DOAH Case No. 10-3294).
Nov. 12, 2019 Agency Final Order filed (DOAH Case No. 10-2427).
Oct. 14, 2010 Recommended Order (hearing held September 24, 2010). CASE CLOSED.
Oct. 14, 2010 Recommended Order cover letter identifying the hearing record referred to the Agency.
Oct. 11, 2010 Petitioner's Proposed Recommended Order (filed in Case No. 10-003294).
Sep. 30, 2010 Transcript (not available for viewing) filed.
Sep. 24, 2010 CASE STATUS: Hearing Held.
Aug. 03, 2010 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 24, 2010; 10:00 a.m.; Gainesville and Tallahassee, FL).
Jul. 22, 2010 Petitioner's Motion for Continuance filed.
Jul. 20, 2010 Petitioner's Witness List filed.
Jul. 20, 2010 Petitioner's Exhibits List (exhibits not available for viewing) filed.
Jun. 21, 2010 Notice of Hearing by Video Teleconference (hearing set for August 10, 2010; 10:00 a.m.; Gainesville and Tallahassee, FL).
Jun. 21, 2010 Order of Consolidation (DOAH Case Nos. 10-2427, 10-3294).
May 19, 2010 Order of Pre-hearing Instructions.
May 19, 2010 Notice of Hearing by Video Teleconference (hearing set for August 10, 2010; 10:00 a.m.; Gainesville and Tallahassee, FL).
May 12, 2010 Response to Initial Order filed.
May 05, 2010 Initial Order.
May 04, 2010 Request for Hearing filed.
May 04, 2010 Administrative Complaint filed.
May 04, 2010 Agency referral filed.
Apr. 30, 2010 Request for Hearing filed.
Apr. 30, 2010 Administrative Complaint filed.
Apr. 30, 2010 Agency referral filed.

Orders for Case No: 10-002427
Issue Date Document Summary
Nov. 18, 2010 Agency Final Order
Nov. 18, 2010 Agency Final Order
Oct. 14, 2010 Recommended Order Petitioner presented clear and convincing evidence that Respondent violated Chapter 509, Florida Statutes, and numerous provisions of the Food Code.
Source:  Florida - Division of Administrative Hearings

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