Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JERSEY MIKE`S SUBS
Judges: ROBERT E. MEALE
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: May 05, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 23, 2006.
Latest Update: Dec. 24, 2024
06-1599
STATE OF FLORIDA FlLeD
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ;
DIVISION OF HOTELS AND RESTAURANTS
1 .
DEPARTMENT OF BUSINESS AND 700b HAY -S All: 38
PROFESSIONAL REGULATION ; oe
Petitioner, * GEVISIOR OF
ms | "on oon"
' License No. 9900000 C stChs)
JERSEY MIKE'S SUBS License Type 2051
Respondent. Case No. 2006016373
ADMINISTRATIVE COMPLAINT :
The DEPARTMENT.OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (Petitioner), files this Administrative Complaint against JERSEY MIKE'S SUBS,
("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 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 5441 N FEDERAL
HWY, FORT LAUDERDALE, FLORIDA 33308.The mailing address of record is JERSEY MIKE'S SUBS,
at 5441 N FEDERAL HWY, FORT LAUDERDALE, FLORIDA 33308.
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, or refusal of a license issued pursuant to this Chapter, and/or any other relief
authorized by Chapter 509, Florida Statutes, or th 4
PON Aton %
en Buck, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Charles F. Tunnicliff, Lead Attorney
Florida Bar No, 0153831
. Department of Business & Professional Regulation .
1940 North Monroe Street
Tallahassee, Florida 32399-1007
CERTIFICATE OF SERVICE
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
! HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE GOMPLAINT has been
06.
hand served by me on this_"__ day of , 2006
Received by:
Inspector's Signature . Operator's Signature
Title Title
Case Number: 20060165373 Form revised 03.06.06
* License Typa: 2054 . District Number: 02.
License Number: 8800000 weave Te tn SUERSEY MIKE’S SUBS
Esxtibit A
License Number: NO LIC - :
Lieinse Type: 2051 NON-LICENSED FOOD SERVICE TO WAY -S A I 38
Cae Number: 2006016373 DIVISION OF
FC” as cited herein references specific provisions of the Food Code, Recommendatidh Fi tates
Puttlic Health Service, Food and Drug Administration, incorporated by Chapter 61C, Flori i i ie ive
Cote. "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life
Saiety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions", Florida
Acninistrative Code, and 61C-1.004(5), Florida Administrative Code,
““* denotes a critical violation,
It fsalleged that on March 9, 2006 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.
* 1,50-05-1 61C-1.008(6) FAC:: (6) ALICENSE RENEWAL FILED WITH THE DIVISION MORE THAN
30 DAYS BUT NO MORE THAN 60 DAYS AFTER THE EXPIRATION DATE SHALL BE ACCOMPANIED BY
A DELINQUENCY FEE OF $100 IN ADDITION TO THE RENEWAL FEE AND ANY OTHER FEES
REQUIRED BY LAW OR RULE. :
OBSERVED LICENSE FOR 2005 & 2006 DELINQUENT-$312.00 FOR 2005- $312.00 FOR 2006,
Case Number: 2006016373 Form revised 03.06.06
License Type: 2051. . District Number: 02
“License Number: 9900000 toe . Uh a Shegconttrmth iE REEY MIKE'S SUBS
EXHIEIT B
CES
State of Florida oil BR
3 Department of Business and Professional endioke U
Division of Hotels and Restaurants
www. hospitalityeducation.org@idh HAY -5 A Il: 38
CALL BACK/RE-INSPECTION(RERORT
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NOTICE TO
SHOW CAUSE
You will be issued 2 Notice to
Show Cause why sanctions
should not be assessed ageinst
your license, A hearing will be
held at a.time and.place to he
dasignated by tha director,
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WARNING OF
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result ina direct Native to
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LEGAL NOTICE
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Division id Restaurants
SCONTROL JUMBER’? !?. PF INSPECTOR:
HeRNSING OB ODDO
“Ft toucdu dale,
© General ® Seating
ie INSPECTION REASON...
Failure to comply with this Notice may Inttlate an
administrative complaint that may result In
suspension or revocation of your license and fines.
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DBs 5 © Epidamiological 4 ANY VIOLATIONS noted herein must be
a o aw DISPOSITION: corracted by the NEXT ROUTINE INSPECTION.
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Violations In the operation of your
establishment must be coractad by:
Dates Times.
3 @ ADMINISTRATIVE COMPLAINT recommended.
oa HACCP INSPECTION
5 Seasonal
6 (© EMERGENCY ORDER recommended
based wpon 4 severe and immodiaie
threat to the public.
(TEM ‘Dd; FOOD TEMPERATURES S °°" °
Circied temperatures are in violation
|; NOTE: ITEMS IN RED ANG MARKED WITH
AN ASTERISK ARE OF CRITICAL CONCERN
‘AND MUST BE CORRECTED IMMEDIATELY. |
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ADDITIONAL COMMENTS ON ATTACHED COMMENT SHEET
REMINDER: Your license expires _/4/O/ L OF '
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Docket for Case No: 06-001599
Issue Date |
Proceedings |
Jun. 23, 2006 |
Order Closing File. CASE CLOSED.
|
Jun. 23, 2006 |
Joint Motion to Relinquish Jurisdiction filed.
|
May 19, 2006 |
Petitioner`s Notice of Scriveners` Error filed.
|
May 18, 2006 |
Petitioner`s Witness List filed.
|
May 18, 2006 |
Petitioner`s Exhibit List filed.
|
May 12, 2006 |
Order of Pre-hearing Instructions.
|
May 12, 2006 |
Notice of Hearing by Video Teleconference (video hearing set for June 23, 2006; 2:00 p.m.; Lauderdale Lakes and Tallahassee, FL).
|
May 10, 2006 |
Response to Initial Order filed.
|
May 05, 2006 |
Administrative Complaint filed.
|
May 05, 2006 |
Election of Rights filed.
|
May 05, 2006 |
Agency referral filed.
|
May 05, 2006 |
Initial Order.
|