Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GUADLAJARA MEXICAN FOOD
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Fort Pierce, Florida
Filed: Jun. 21, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 9, 2001.
Latest Update: Dec. 23, 2024
vs.
ESSIONAL REGULATION,
_ Petitioner, /
; License No. 66-00291-R
UADLAJARA MEXICAN FOOD Case No. 4-01-44
‘Respondent. -_ ~ BO —661-24@
--. ADMINISTRATIVE COMPLAINT FOLLOWING EMERGENCY CLOSURE
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA ON, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: GUADLAJARA MEXICAN FOOD,
(‘Respondent’), and says:
4. Petitioner is the state agency charged with regulating the operation of public lodging establishments and
public food service establishments, pursuant to Sec. 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 last known business address is 1702 :
DELAWARE AVENUE, FT PIERCE, FL 34950. The last known mailing address is LORENZO
AGUILAR, 321 S. 17TH STREET, FT PIERCE, FL 34950.
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.
WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following
penalties: administrative fine not to exceed $1000 per 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 31, 2001 iA ! f .
—
Kendall Burkett, District Administrator
By delegation of Susan R. McKinley, Director
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Gail Hoge, Senior Attorney : !
__ Florida Bar No. 0909289
Department of Business & Professional Regulation
1940 North Monroe Street, Tallahassee, Florida 32399-1007
Telephone 850 - - 488- 3140/ Facsimile. € 850 - 488- 5074 we
CERTIFICATE OF SERVICE
BY CERTIFIED U. s. MAIL, ARTICLE NUMBER’ :
I HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served byt me :
on this |
: = ” Received by:
“Inspector's Signature Operator’s Signature
“Title” a Title
“Case No: 4-01-44 ; : Revised 1/4/2001
«License N No: 66- 00291- Roo ; - os . Business Name: GUADLAJARA MEXICAN FOOD
“FC” as cited herein references specific provisions of the 1997 Food Code, “Recommendations of the ,
_ United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida
Jo sutae sn soon Administrative Code. “NFPA’ as cited herein references specific provisions of the National Fire Protection
| “os Association Life Safety Code, incorporated by reference at Chapter 44-3, “Fire Prevention, General
Provisions”, Florida Administrative Code, and 61C-1.004(5 , Florida Administrative Code.
Itis alleged that on January 30, 2004, the licensee was in violation of Florida Statute 509(FS) and/or the
* *: >) s~Rules of the Division of Hotels and Restaurants, Florida Administrative Code(FAC), in the following -
: particulars:
ic. 1. 004(1 » FAC Electrical wiring -- To prevent fire or injury, “defective electrical
“wiring shall be replaced and wiring shall be kept in good repair. No
ion cords shall be used except during cleaning, maintenance and
other temporary activities. Only a wall switch or approved pull cord ~
_Shall be permitted in bathrooms. In accordance with the provisions of
NFPA 70, the National Electrical Code, as adopted by the Division of
State Fire Marshal in Chapter 4A-3, FAC, Uniform Fire Safety Rules
Standards, sufficient electrical outlets shall be provided.
“-OBSERVED NUMEROUS ELECTRICAL VIOLATIONS. THE
CITY OF FT. PIERCE CONDEMNED THE BUILDING AND
entrance into the establishment, and the breeding or presence on the
rémises of rodents, flies, roaches and other vermin. All buildings
a ‘rodent -proof and rodent- ‘free condition. All windows used for
vetitilation must be screened, except when effective means of vermin
-- control are used. Screening material shall not be less than 16 mesh to
“the inch or equivalent, tight fitting and free of breaks
HE
BEVERAGE STORAGE ROOM, DRY STORAGE ROOM AND
KITCHEN AREAS.
RESTROOM.”
Exhibit A
Page 1 4 of 2
POISONOUS OR TOXIC MATERIALS shall be stored so they may
not contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and
-SINGLE- SERVICE and SINGLE-USE ARTICLES by:
(A) Separating the POISONOUS OR TOXIC MATERIALS by
pacing or Pattitioning;® and
oan 6) Locating the POISONOUS ‘OR TOXIC MATERIALS i in an area
that i is not above F FOOD, EQUIPMENT, UTENSILS, LINENS, and
"does not apply to EOUIPMENT c and UTENSIL Cleaners and sanitizers
“that are stored in WAREWASHING areas for availability and
convenience if the materials are stored to prevent contamination of
.; FOOD, EQUIPMENT, , UTENSILS, LINENS, and SINGLE-SERVICE
“and SINGLE- “USE ARTICLES.
OBSERVED RAID AND INDEX STORED ON FOOD STORAGE
SHELVES.
uilding structur: components, attachinents and fixtures shall be.
kept i in good repair, clean and free of obstructions.
5372 00
“OBSERVED MODERATE GREASE BUILD-UP ON THE HOOD
EQUIPMENT.
6. *45-4 — NFPA 10, 4 5. 2 _ Moderate hazard ... locations ... consist of dining areas,... storage,
oie = nee .. Or support :
NFPA 10, 3 5 service areas. [These locations shall be protected by the installation of
a eae ble fire extinguishers with a minimum rating of] 2-A:10-B:C
provided for each 1500 square feet of floor space on each level and
installed s so that the travel distance to any extinguisher shall not
“exceed 75 feet. ~
~ On each floor level, the area protected and the travel distances shall
be based on fire ex nguishers i installed i in accordance with Tables 3-
: ind
Exhibit A
Page 2 of 2
PSR REET Rosey ae eae wrest crn me cg
FF erage ee
T OF BUSINESS AND PROF SSIONAL REGULATION
OF HOTELS AND RESTAURA
we
of thi
%
Department may proceed against you by default. MS Oe
é~.. Your receipt of this Administrative Complaint packet constitutes service upon you. Your tights
under Florida’ law (Chapt er 120, Florida Statutes) are as follows
ged omp int and | request z a “hearing o on the
2 disputed facts before an Administrative Law Judge, which is an administrative trial. You and
the Department will be given an opportunity to present evidence and witnesses to prove or
a disprove the facts alleged and, after the hearing, submit a written proposed recommended
= order for the Judge’ $ consideration. Based on the evidence and testimony presented and
any proposed recommended orders submitted by the parties, the Judge will issue a
-» Recommended Order to the Department containing Findings of Fact, Conclusions of Law,
«. and Recommended Penalty, if any. The parties may submit exceptions to the
Recommended Order. Following review of the Recommended Order and exceptions, if any,
the Department may issue a Final Order.
22, You! may elect to not dispute the Violations alleged i in ‘the Complaint and request that ¢ a
oS hearing be held to present testimony or documents you wish the Department to consider in
7 mitigation of the alleged violations prior to disposition of this case. Any penalty levied will be
ber ‘included i in a Final-Order. Ifa dispute of material fact arises, the hearing will be terminated -
: and the. case referred for administrative trial as described in paragraph ‘1 above.
solve this ma ert rough a nego’ iated settlement with the Department's
ment Officer as instructed in the « cover letter accompanying this packet. Upon final
val by the Départment, the settlement will be incorporated into a Final. Order resolving
he case. _Participating in settlement discussions does not preserve your right to a
. Failure to make a a 21 days, as described in paragraphs 7 and
y ‘waive hearing in this matter, and the Departme will proceed with n resolution and
ble penalty at its discretion
ieee on the Election of Rights form
in 21 days of your receipt of this Administrative Complaint
isio en determine whether ¢ a dispute of material fact exists, and schedule the
‘appropriate. hearing. Notice of of the date, time, and ‘place ‘of hearing will be sent to you at the address
designated by you on your Election of Rights. ”
apter 20. SS FS Statutes, please be advised that mediation i is snot
: available for | resolution of this action.
Case No: 4-01-44 i: Revised 4/1/2001
. > License No: 68-00291-R = Business Name: GUADLAJARA MEXICAN FOOD
|
{er re See Ce Cee ee geo
Docket for Case No: 01-002460