Elawyers Elawyers
Washington| Change

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs GOURMET CUISINE, 07-001408 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-001408 Visitors: 31
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GOURMET CUISINE
Judges: P. MICHAEL RUFF
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Mar. 23, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 21, 2007.

Latest Update: Dec. 23, 2024
Mar 23 200? 11:17 aa/2a/28e7 1e:12 8584146749 DEPR OGA PAGE @4/@6 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, V5. GOURMET CUISINE roense roe 2010 Respondent, Case No. 2007007574 i ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Patitioner’), files this Administrative Complaint against GOURMET CUISINE, (“Respondant”), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and pubic 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 140 MONROE ST, JACKSONVILLE, FLORIDA 32202.The mailing address of record is GOURMET CUISINE, at 140 MONROE 8ST, JACKSONVILLE, FLORIDA 32202. 4. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed viotations of tha 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 “AY 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 the rules promulgated therato, Signed February 08, 2007 Steve Un Boe Bistrict 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. 0153834 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9849 2113 2105 |HERERY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2007. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2007007574 Olstriet Number: 05 License Nuffibar 2641759 2010 For ravised 10.10.06 GOURMET CUISINE i Mar 23 200? 11:17 aa/2a/28e7 1e:12 8584146749 DEPR OGA PAGE 85/86 Exhibit A License Number: 2611759 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2007007574 FC as cited herein references specific provisions of the 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 af the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(8), Florida Administrative Code. * denotes a critical violation. tig alleged that on December 6, 2006, December 7, 2006 and January 10, 2007 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. 23-03-1 4-601.14(G) FC: (C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS. OBSERVED BUILD-UP OF GREASE ON NONFOOD CONTACT SURFACES - HOOD FILTERS. 2.29081 5-205.15FC: SYSTEM MAINTAINED IN GOOD REPAIR, A PLUMBING SYSTEM SHALL BE: (A) REPAIRED ACCORDING TO LAW; AND (B} MAINTAINED IN GOOD REPAIR. OBSERVED PLUMBING SYSTEM IN DISREPAIR FAUCET LEAKING UNDER DISH MAGHINE. * 3.39-415-1 6901.14 FC AND 61G-1.004(2)(C) FAC:: HANDWASHING SIGNAGE. A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES' TO WASH THEIR HANDS SHALL BE POSTED AT ALL HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES’ AND SHALL BE CLEARLY VISIBLE TO FOOD EMPLOYEES’. ; OBSERVED NO HANDWASHING SIGN PROVIDED AT EMPLOYEE HANDSINK IN DISHWASH AREA. * 4.35A.05-1 6-601.111 FC: CONTROLLING PESTS, THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY: (A} ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B} ROUTINELY INSPECTING THE PREMISES FOR EVIDENCE OF PESTS; (C) USING METHODS, IF PESTS ARE FOUND, SUGH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202.12, 7-206.12, AND 7-206,13; AND (D) ELIMINATING HARBORAGE CONDITIONS. OBSERVED ROAGH ACTIVITY AS EVIDENCED BY FIVE LIVE ROACHES ON DISH MAGHINE. 5.37-10-1 61C-1.004(8) FAC: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS, OBSERVED ATTACHED EQUIPMENT (HOOD PIPES) SOILED WITH AGCUMULATED GREASE. * §.46-09-1 61C-1.004(10)FAC: EXITS SHALL BE CLEARLY MARKED WITH APPROVED ILLUMINATED EXIT SIGNS. OBSERVED EXIT SIGNS NOT PROPERLY ILLUMINATED. * 7.47-06-1 610-1,004(11) FAC: ELECTRICAL WIRING. TO PREVENT FIRE OR INJURY, DEFECTIVE ELECTRICAL WIRING SHALL BE REPLACED AND WIRING SHALL BE KEPT IN GOOD REPAIR. NO EXTENSION CORDS SHALL BE USED EXGEPT DURING CLEANING, MAINTENANCE AND OTHER TEMPORARY ACTIVITIES. ONLY A WALL SWITCH OR APPROVED PULL CORD SHALL BE PERMITTED IN BATHROOMS. IN ACCORDANCE WITH THE PROVISIONS OF NFPA 70, THE NATIONAL ELECTRICAL CODE, AS ADOPTED BY THE DIVISION OF STATE FIRE MARSHAL IN CHAPTER 44-3, * denotes critical violation District: 05 Case Number: 2007007574 License Type: 2010 License Number: 2611759 File Number: 184234 GOURMET CUISINE Mar 23 200? 11:18 3/23/2087 16:12 8584146749 DEPR OGA PAGE 86/86 Exhibit A FAC, UNIFORM FIRE SAFETY RULES AND STANDARDS, SUFFICIENT ELECTRICAL OUTLETS SHALL BE PROVIDED. OBSERVED EXTENSION CORD IN USE TO REACHIN COOLER. * denotes critical viclation District: 05 Case Number 2007007574 License Type: 2010 License Number: 2611759 File Number: 184234 GOURMET CUISINE rr re

Docket for Case No: 07-001408
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