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.
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Dec. 17, 2013 |
Agency Final Order of Dismissal filed.
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Dec. 13, 2013 |
Order Closing File. CASE CLOSED.
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Dec. 12, 2013 |
Amended Notice of Voluntary Dismissal filed.
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Dec. 12, 2013 |
CASE STATUS: Post-Hearing Conference Held. |
Dec. 11, 2013 |
Notice of Voluntary Dismissal filed.
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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).
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Nov. 12, 2013 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Nov. 07, 2013 |
Petitioner's Witness List filed.
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Nov. 07, 2013 |
Petitioner's (Proposed) Exhibit List filed.
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Nov. 07, 2013 |
Transmittal Letter filed.
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Oct. 10, 2013 |
Order of Pre-hearing Instructions.
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Oct. 10, 2013 |
Notice of Hearing by Video Teleconference (hearing set for November 18, 2013; 1:00 p.m.; Miami and Tallahassee, FL).
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Oct. 09, 2013 |
Response to Initial Order filed.
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Oct. 03, 2013 |
Initial Order.
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Oct. 02, 2013 |
Administrative Complaint filed.
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Oct. 02, 2013 |
Election of Rights filed.
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Oct. 02, 2013 |
Agency referral filed.
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Orders for Case No: 13-003847