Elawyers Elawyers
Washington| Change

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs LAMARE`S RESTAURANT, INC., 05-002731 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-002731 Visitors: 22
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: LAMARE`S RESTAURANT, INC.
Judges: DON W. DAVIS
Agency: Department of Business and Professional Regulation
Locations: Live Oak, Florida
Filed: Jul. 27, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 5, 2005.

Latest Update: Dec. 22, 2024
Jul 27 2005 9:02 arf27/ 20685 89:41 8584146749 DEPR OGA PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION : Petitioner, vs. License No. 7100247 LARMARE'S License Type 2010 Permanent Food Service Respondent Case No. 2005013538 ———<$— $< ADMINISTRATIVE GOMPLAINT, The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner’), files this Administrative Complaint against LARMARE'S, (‘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 Section 30.165 and Chapter 509, Florida Statutes. 2, Respondent is, and has been at all times material hereto, licensed by of subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of racord is 11212 CR 49, LIVE OAK, FLORIDA 32060.The mailing address of record is LARMARE'S, at 13531 150 PL B, LIVE OAK, FLORIDA 32060. 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. Inspection documents are attached as Exhibit"B”, 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 $1,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program, suspension, revocation, of 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 March 16, 2005 ‘ : f (Wickes Steve VénBodungen, District Manager By delegation of the Directar, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No, 0153834 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 71603901 9848 9296 7195 I HEREBY CERTIFY that a true and correct copy ofthe foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2005. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2005013538 Form revised 03.01,05 Lieange Type: 2010 Permanent Fond Service District Number: 05 License Number: 7100247 LARMARE'S a3/@5 07/27/2005 09: 01 0504146743 oER aca 2f 2005 9:02 PAGE 1 License Number: 7100247 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005013538 Exhibit A "EC" as cited herein references specific provisions of the 1999 Food Goede, Recommendations of the United States Public Health Service, Faod and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. “NFPA” as cited herain references specific provisions af the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 616-1.004(5), Florida Administrative Code. Itis alleged that on January 24,2005 and February 25, 2005 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. * 4,45-17 NPFA96, 8-2 INSPECTION. AN INSPECTION AND SERVICING OF THE FIRE- EXTINGUISHING SYSTEM AND LISTED EXHAUST HOODS CONTAINING A CONSTANT OR FIRE- ACTUATED WATER SYSTEM SHALL BE MADE AT LEAST EVERY 6 MONTHS BY PROPERLY TRAINED AND QUALIFIED PERSONS. OBSERVED HOOD SUPPRESSION SYSTEM TAG OUT OF DATE (05/04). * denotes critical violation Exhibit A Case Number: 2005013538 Page 1 License Type: 2010 PERMANENT FOOD SERVICE License Number: 7100247 a4/@5

Docket for Case No: 05-002731
Issue Date Proceedings
Aug. 05, 2005 Order Closing File. CASE CLOSED.
Aug. 03, 2005 Joint Motion to Relinquish Jurisdiction filed.
Jul. 27, 2005 Initial Order.
Jul. 27, 2005 Election of Rights filed.
Jul. 27, 2005 Administrative Complaint filed.
Jul. 27, 2005 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer