Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: ANGELL AND PHELPS CAFE
Judges: ELLA JANE P. DAVIS
Agency: Department of Business and Professional Regulation
Locations: Daytona Beach, Florida
Filed: Jun. 01, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 15, 2004.
Latest Update: Dec. 23, 2024
| STATE OF FLORIDA Ge
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION , aN
DIVISION OF HOTELS AND RESTAURANTS Soe » a,
DEPARTMENT OF BUSINESS AND : veg
PROFESSIONAL REGULATION, soe ; 2
Petitioner, ny, tor)
vs, ,
ANGELL AND PHELPS CAFE License No. 7405906
Respondent. License Type 2010
[ Case No. 2003089907
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against ANGELL AND PHELPS CAFE,
(“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 business address of record is 156 SOUTH
BEACH STREET, DAYTONA BEACH, FL 32114.The mailing address of record is SMITH AND SONS
INCORPORATED, 154 SOUTH BEACH STREET, DAYTONA BEACH, FL 32114.
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 November 12, 2003
Ue A 7
Valerie Freeman, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Gail Scott-Hill, 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 ADMINISTRATIVE COMPLAINT has been hand
served by me on this day of , 2003.
7001 2530 0008 9785 8511
Received by:
Inspector's Signature Operator's Signature
Title Title
Case No: 2003089907 Revised 11/04/2003
License No: 7405906 _ Business Name: ANGELL AND PHELPS CAFE :
License Type: 2010 District No: 4
Son Ry einer ps ee
License No: 7405906
License Type: 2010
Case No:
Exhibit A
“FC" as cited herein references specific provisions of the 1999 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 Nationai Fire Protection
Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General
Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code.
It is alleged that on September 24, 2003 and October 9, 2003 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. Copy(s) of the report(s) for the above referenced inspection(s) are
attached hereto and incorporated by reference as Exhibit B
1. *45-01 61C-1.004{5) FAC All fire safety, protection and prevention equipment must be installed,
approved, maintained and used in accordance with Chapter 509, FS,
and the National Fire Protection Association Life Safety Code Chapter
101, as adopted by the Division of State Fire Marshal in Chapter 4A-3,
FAC.
THE FIRE ALARM SYSTEM TROUBLE LIGHT WAS
BLINKING.
* denotes critical violation Exhibit A
Page 1 of 1
Docket for Case No: 04-001908