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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs OASIS CAFE AT KEY BISCAYNE, 13-003847 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-003847 Visitors: 19
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: OASIS CAFE AT KEY BISCAYNE
Judges: DARREN A. SCHWARTZ
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Oct. 02, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 13, 2013.

Latest Update: Dec. 18, 2013
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number 2303001 OASIS CAFE AT KEY BISCAYNE License Type 2010 Respondent. Case Number 2013030194 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against OASIS CAFE AT KEY BISCAYNE, (“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. Respondent is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 19 HARBOR DR, KEY BISCAYNE, FLORIDA 33149.The mailing address of record is OASIS CAFE AT KEY BISCAYNE, at 19 HARBOR DR, KEY BISCAYNE, FLORIDA 33149. 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, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to.exceed $4,000 per offense, 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 August 2, 2013 Carlos Lezcano, District By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare Drexler, Lead Attorney Florida Bar No, 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7196 9008 9111 8127 59143 } HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2013. Received by: inspector's Signature Operator's Signature Title Title Case Number. 2013030184 File Number: 250065 District Number: 01 License Number: 2303001 2010 Form revised 01.01.13 OASIS CAFE AT KEY BISCAYNE Exhibit A License Number: 2303001 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013030194 Itis alleged that on February 12, 2013, April 12, 2013, and June 18, 2013, Respondent was in violation of Florida Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific provisions of the Food Cade, Recommendations of the United States Public Health Service, Food and Drug Administration, as incorporated by Chapter 61C, FAC in the following particulars. Capy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by teference as Exhibit B. ** denotes a high priority violation. * denotes an intermediate priority violation. * 4. 16-28-4 4-301.12 (A) and (E) FC Intermediate: (A) Except as specified in Paragraph (C)} of this section, a sink with at least 3 compartments shall be provided for manually washing, rinsing, and sanitizing equipment and utensils. (E) A 2-compartment sink may not be used for warewashing operations where cleaning and sanitizing solutions are used for a continuous or intermittent flow of kitchenware or tableware in an ongoing warewashing process. Observed two compartment sink used for warewashing (1 compartment missing). * 2.27-16-4 5-202.12(A) FC Intermediate: (A) A handwashing sink shall be equipped to provide water at a temperature of at least 100 degrees Fahrenheit through a mixing valve or combination faucet. Observed hot water not provided/shut off at employee handwash sink (front and bathroom). Case Number: 2013030194 File Number: 250065 District Number: 01 License Number: 2303001 2010 Form revised 01.01.13 OASIS CAFE AT KEY BISCAYNE |

Docket for Case No: 13-003847
Issue Date Proceedings
Dec. 18, 2013 Transmittal letter from Claudia Llado returning the one-volume Transcript, along with Petitioner's Exhibits numbered 1-6, to Petitioner.
Dec. 17, 2013 Agency Final Order of Dismissal filed.
Dec. 13, 2013 Order Closing File. CASE CLOSED.
Dec. 12, 2013 Amended Notice of Voluntary Dismissal filed.
Dec. 12, 2013 CASE STATUS: Post-Hearing Conference Held.
Dec. 11, 2013 Notice of Voluntary Dismissal filed.
Dec. 10, 2013 Transcript of Proceedings (not available for viewing) filed.
Nov. 18, 2013 CASE STATUS: Hearing Held.
Nov. 15, 2013 Amended Notice of Hearing by Video Teleconference (hearing set for November 18, 2013; 1:00 p.m.; Miami and Tallahassee, FL; amended as to hearing room).
Nov. 12, 2013 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Nov. 07, 2013 Petitioner's Witness List filed.
Nov. 07, 2013 Petitioner's (Proposed) Exhibit List filed.
Nov. 07, 2013 Transmittal Letter filed.
Oct. 10, 2013 Order of Pre-hearing Instructions.
Oct. 10, 2013 Notice of Hearing by Video Teleconference (hearing set for November 18, 2013; 1:00 p.m.; Miami and Tallahassee, FL).
Oct. 09, 2013 Response to Initial Order filed.
Oct. 03, 2013 Initial Order.
Oct. 02, 2013 Administrative Complaint filed.
Oct. 02, 2013 Election of Rights filed.
Oct. 02, 2013 Agency referral filed.

Orders for Case No: 13-003847
Issue Date Document Summary
Dec. 16, 2013 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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