WHY Ws ww) a | ey “ THE STATE OF FLORIDA Oo ? | DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONO//,, a ', DIVISION OF HOTELS AND RESTAURANTS Ans er, x. So Py Pog Do State of Florida, Department of Business : Fd 2 RS and Professional Regulation, Division of OO - Zz Hotels and Restaurants, Petitioner vs, CASE NUMBER: 07-99-048 BRANCH TERRY, Respondent. ADMINISTRATIVE COMPLAINT ADMINISTRATIVE FINE, IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY YAN ADMINISTRATIVE COMPLAINT, NOTICE IS GIVEN TO YOU TO SHOW CAUSE BY LAW, SHOULD NOT BE ASSESSED AGAINST YOU BY THE DIVISION OF HOTELS AND RESTAURANTS : LICENSE NUMBER: 32-00134R YOU: BRANCH TERRY ING BUSINESS AS: COUNTRYSIDE CAFE * LOCATED: 300 E CR 78 | MOORE HAVEN The Ditector of the Division of Hotels and Restaurants, Department of Business and Professional Regulation, State of Florida, has been presented evidence which, if true, is good and sufficient cause for her license to assess an administrative fine against you and to deny a Division of Hotels and Restaurants ursuant to Chapter 509, Florida Statutes, for the current license year, or any renewal thereof, over which the Division of Hotels and Restaurants has jurisdiction, for operating without a license as more fully set forth in the attached violation page, Exhibit A. RIGHT TO A HEARIN This is ‘7 action that may affect your substantial interests. Mediation of this administrative dispute is not av: To req lable. However, you may request a hearing on the charges. est a hearing, you must file a written request (postmarked or received by the Division) within 21 days of the date you receive this Administrative Complaint. The request must be sent to Cynthia Walker, Regional Settlement Officer, 1313 North Tampa Street, Suite 106, Tampa, Florida, 33602- 3329; Telephone: (813) 272-3086. If you fequest a hearing, the Division of Hotels and Restaurants will determine whether the hearing will be the Di case a formal hearing (trial type proceeding) or an informal hearing (conference type proceeding). If sion of Hotels and Restaurants determines that there are disputed issues of material fact, the be forwarded to the Division of Administrative Hearings. If the Division of Hotels and Restaurants determines that there are no disputed issues of material fact, the Division of Hotels and Restausants will schedule an informal hearing. In either case, you will be notified of the date, time and place of the hearing. Ly 7] In a formal hearing, you have the right to appear in person on your own behalf, to be represented by your attorney, to bring witnesses and present evidence, to cross-examine any witnesses produced against] you by the State, and to have subpoena duces tecum issued on your behalf. In an informal hearing, you have the right to appear in person on your own behalf, to be represented by your attorney, and to submit whatever information you desire to mitigate the violations with which you haye been charged in this Administrative Complaint. You may attend an informal hearing by telephone. It is your responsibility to ensure that the division hearing officer has your telephone number if you elect to attend telephonically. This should be done by noting the number at which you can be reached for the hearing on the hearing request form. If your|written request for a hearing is not received or postmarked within 21 days of the day you receive (or were served) this Administrative Complaint, a Default Final Order will be entered against you based on the record in your case. This Default Final Order could deny you the issuance of a license|and assess an administrative fine of $1000 for each violation charged and for each day that such violation occurred, Practice in either of the above proceedings is governed by chapter 120, Florida Statutes, and the Uniform Rules of Practice and Procedure, 28-101 et sequitur, Florida Administrative Code. [DATED THIS ist DAY OF APRIL, 1999. ‘DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (DIVISION OF HOTELS AND RESTAURANTS : IBY: a District Administrator CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been [sent by U.S. mail, certifie]][personally delivered] to BRANCH TERRY, at 300 E CR 78, MOORE HAVEN, FL, [or posted jin a conspicuous place at the establishment] , this day of ee (Signature) Copies furnished: Enforcement Administrator Chief Assistant General Counsel i Division of Administrative Hearings CASE NO: 07-99-048 LICENSE NO: 32-00134R It is alleged that on January 31, 1999, the licensee was in violation of Florida Statute 509(FS), and/or 1997 Faod Code(FC), and/or Florida Administrative Code(FAC), and/or National Fire Protection Association(NFPA) Life Safety Code, in the following particulars: 509.241(1) FS LICENSES; ANNUAL RENEWALS.--Each public lodging establishment and public food service establishment shall obtain a license from the division . .. Licenses shall be renewed annually, . . . 61C-1.002(6) FAC It is the responsibility of the licensee to renew the license prior to the expiration date. 61C-1.002(6) FAC __...Any public lodging or food service establishment operating on an expired license is deemed to be operating without a license, and subject to the penalties provided for this offense in law and rule. VIOLATION: Operating without a license.

Docket for Case No: 00-002742