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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs LITTLE CAESARS PIZZA, 01-002510 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-002510 Visitors: 11
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
Source:  Florida - Division of Administrative Hearings

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