Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: LITTLE CAESARS PIZZA
Judges: ARNOLD H. POLLOCK
Agency: Department of Business and Professional Regulation
Locations: Viera, Florida
Filed: Jun. 28, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 14, 2001.
Latest Update: Nov. 13, 2024
STATE OF FLORIDA ;
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
Vs.
License No. 15-04754-R
LITTLE CAESARS PIZZA 4036 Case No. 4-01-116
Respondent.
l
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner”), files this Administrative Complaint against: LITTLE CAESARS PIZZA 4036,
("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 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 276 E. EAU
GALLIE BLVD., INDIAN HARBOR BEACH, FL 32937.The last known mailing address is LITTLE
CAESARS ENTERPRISES, 2211 WOODWARD AVE. #8, DETROIT, MI 32811.
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 April 20, 2001 Ah
Cencalen l y Ce €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
CERTIFICATE OF SERVICE
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
| HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me
on this
day of 2001.
ee Received by:
Inspector's Signature : Operator's Signature
Title Title
Case No: 4-01-116 Revised 2/14/2001
License No: 15-04754-R Business Name: LITTLE CAESARS PIZZA 4036
License #: 15-04754R
Case #: 04-01-1 16
Exhibit A
“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
Administrative Code. “NFPA” as cited herein references specific provisions of the National Fire Protection
Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General
Provisions”, Florida Administrative Code, and 61C-1.094(5), Florida Administrative Code.
It is alleged that on April 13, 2001 the licensee was in violation of Florida Statute 509(FS) and/or the
Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following
particulars:
1. *53a-1 509.039 FS ... All managers employed by a food service establishment must have
passed [the food service manager] test and received a certificate
attesting thereto. Managers have a period of 90 days after
employment to pass the required test...
61C-4.023(1) FAC — All managers who are responsible for the storage, preparation,
display, and serving of foods to the public shall have passed a written
certification test approved by the division demonstrating a basic
knowledge of food protection practices regulated and administered by
the division or an agency of state government outside Florida which
has been approved by the division. Those managers who successfully
pass the certification examination shall be issued a certificate which is
valid for a period of five years from the date of issuance. All
establishments shall designate in writing the food service manager or
managers for each location. Establishments that have four or more
employees at one time engaged in the storage, preparation or serving
of food shall have at least one certified manager present at all times
when said activities are taking place. All other establishments shall
have a certified manager or managers responsible for all periods of
operation but said manager or managers need not be present at all
times...
THERE WAS NO CERTIFIED FOOD MANAGER ON SITE, NO
CARD, OR COPY OF CARD, OR LIST OF MANAGERS WITH
CARDS.
Exhibit A
Page 1 of 1
Docket for Case No: 01-002510
Issue Date |
Proceedings |
May 03, 2002 |
(Joint) Stipulation and Consent Order filed.
|
Aug. 14, 2001 |
Order Closing File issued. CASE CLOSED.
|
Aug. 10, 2001 |
Notice of Voluntary Relinquishment filed by Petitioner
|
Jul. 26, 2001 |
Notice of Hearing issued (hearing set for September 18, 2001; 9:30 a.m.; Viera, FL).
|
Jul. 25, 2001 |
Letter to B. Townsend from C. Tedder regarding insufficient address filed.
|
Jul. 24, 2001 |
Petitioner`s Response to Initial Order (filed via facsimile).
|
Jun. 28, 2001 |
Initial Order issued.
|
Jun. 28, 2001 |
Election of Rights filed.
|
Jun. 28, 2001 |
Administrative Complaint filed.
|
Jun. 28, 2001 |
Agency referral filed.
|