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: Nov. 16, 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
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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
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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
Issue Date |
Proceedings |
Jun. 11, 2007 |
Undeliverable envelope returned from the Post Office.
|
May 21, 2007 |
Order Closing File. CASE CLOSED.
|
May 21, 2007 |
Motion to Relinquish Jurisdiction filed.
|
Apr. 18, 2007 |
Petitioner`s Witness List filed.
|
Apr. 18, 2007 |
Petitioner`s Exhibit List filed.
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Apr. 12, 2007 |
Notice of Hearing by Video Teleconference (hearing set for June 11, 2007; 2:00 p.m.; Jacksonville and Tallahassee, FL).
|
Mar. 27, 2007 |
Response to Initial Order filed.
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Mar. 23, 2007 |
Initial Order.
|
Mar. 23, 2007 |
Administrative Complaint filed.
|
Mar. 23, 2007 |
Election of Rights filed.
|
Mar. 23, 2007 |
Agency referral filed.
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