Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: SUB KING
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Apr. 03, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 27, 2007.
Latest Update: Jan. 06, 2025
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
Ve.
‘ License No. 6004519
SLB KING R dent License Type 2010
espon ; . Case No. 2007012046
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner”), files this Administrative Complaint against SUB KING, ("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 20.185 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 2700 BROADWAY,
RIVIERA BEACH, FLORIDA 33404.The mailing address of record is SUB KING, at 2700 BROADWAY,
RIVIERA BEACH, FLORIDA 33404,
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 therato governing
operation of the establishment, The violation(s) found and applicable law are described in Exhibit"A,”
altached hereto and incorporated herein by reference. inspection documents are attached as Exhibit “B’,
incorporated harein by reference.
authorized by Chapter 509, Florida Statutes, or
Signed March 05, 2007
District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
_COUNSEL FOR THE DEPARTMENT:
Charles F. Tunni¢liff, Lead Attorney
Florida Bar Ne, 0153837
Department of Business & Professional Regulation
1840 North Monroe Street
Tallahassee, Florida 32399-1007
CERTIFICATE OF SERVICE
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
| HEREBY CERTIFY that 4 true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this. day of , 2007
Raceived by: _
Inspector's Signature Operator's Signature
Title
Title
Case Number 2007012046 District Number; 02
Form revised 10.10.06
Licanse Number, 6004518 2040
SUB KING
ei
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E»hibil A
License Number: 6004519
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2007012046
"FC" as cited herein references specific provisions of the Food Code, Recommendations of the United States
Pubic Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative
Cote. "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life
Saatity Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida
Acininistrative Code, and 61C~1,004(5}, Florida Administrative Code,
“" denotes a critical vielation.
Kisalleged thaton November 9, 2006, February 21, 2007 the licensee was In violation of Florida Statute
50 FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the
fol loving particulars. Copyts) of the report(s) for the above referanced inspection(s) are attached hereto and
incoporated by reference as Exhibit 8.
1.10-06 3-304.12(F}FC DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD
PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (F) IN A CONTAINER OF WATER IF
THE WATER IS MAINTAINED AT A TEMPERATURE OF AT LEAST...(140 DEGREES FAHRENHEIT) AND
THE CONTAINER IS CLEANED AT A FREQUENGY SPECIFIED UNDER SUBPARAGRAPH 4-602.11(D){7).
OBSERVED ICE-CREAM SCOOP IN STILL WATER AT ROOM TEMPERATURE.
* 230-04 5-20314FC BACKFLOW PREVENTION DEVICE, WHEN REQUIRED. A PLUMBING
SYSTEM SHALL BE INSTALLED TO PRECLUDE BACKFLOW OF A SOLID, LIQUID, OR GAS
CONTAMINANT INTO THE WATER SUPPLY SYSTEM AT EACH POINT OF USE AT THE FOOD
ESTABLISHMENT, INCLUDING ON A HOSE SIBB IF A HOSE IS ATTACHED OR ON A HOSE BIBE IF A
HOSE 1S NOT ATTACHED AND BACKFLOW PREVENTION IS REQUIRED BY LAW, BY: (A) PROVIDING
AN AIR GAP AS SPECIFIED UNDER SECTION 5-202.13; OR (B) INSTALLING AN APPROVED BACKFLOW
PREVENTION DEVICE AS SPECIFIED UNDER SECTION 5-202.14.
OBSERVED NO BACKFLOW DEVICE ON OUTPCOR HOSE BIBB,
* 3.99.02 6-301.14 FC AND 61C-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. ;
A. OBSERVED NO HAND WASHING SIGNS ..,. EMPLOYEE RESTROOM.
B, OBSERVED NO PAPER TOWELS OR HAND DRYING DEVICE .... RESTROOM.
Case Number: 2007012046 District Number: 02
Ucensa Number: 6004519 2010 Form revised 10.10.06
SUB KING
yp
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* 4538-01 509.049FS FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY
RIULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD
SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR
SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER.
THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDEFORAFOOQD
SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED
BY APRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING
PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE
EFFICTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS
REVEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE
ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL
EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE
A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE
LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS
SECTION BY JANUARY 41, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000,
MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT
TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS.
OBSERVED NO VERIFIGATION OF FOOD SERVICE SAFETY TRAINING. ALL PUBLIC FOOD SERVICE
ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON
REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE
ESTABLISHMENT.
Case Number: 2007012046 District Number: 02
Lleonse Number: 6004519 2010 Form revised 10.10.06
SUB KING
pp
Docket for Case No: 07-001524
Issue Date |
Proceedings |
Jun. 28, 2007 |
Transmittal letter from Claudia Llado forwarding records to the agency.
|
Jun. 27, 2007 |
Order Closing File. CASE CLOSED.
|
Jun. 25, 2007 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jun. 21, 2007 |
Order Regarding Proposed Recommended Orders.
|
Jun. 21, 2007 |
Transcript of Hearing Proceeding filed. |
Jun. 12, 2007 |
CASE STATUS: Hearing Held. |
Jun. 08, 2007 |
Notice of Substitution of Counsel (filed by D. Winters).
|
May 24, 2007 |
Order Allowing Simonne Lawrence to Appear as a Qualified Representative on Behalf of Petitioner.
|
May 22, 2007 |
Petitioner`s Motion to Accept Qualified Representative filed.
|
May 22, 2007 |
Affidavit of Simonne Lawrence filed.
|
Apr. 24, 2007 |
Petitioner`s Exhibit List filed.
|
Apr. 24, 2007 |
Petitioner`s Wtiness List filed.
|
Apr. 24, 2007 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for June 12, 2007; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Apr. 23, 2007 |
Petitioner`s Response to Respondent`s April 20, 2007 Letter filed.
|
Apr. 19, 2007 |
Letter to Judge Van Laningham from S. Brady regarding rescheduling the hearing date filed.
|
Apr. 12, 2007 |
Order of Pre-hearing Instructions.
|
Apr. 12, 2007 |
Notice of Hearing by Video Teleconference (hearing set for May 15, 2007; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Apr. 09, 2007 |
Response to Initial Order filed.
|
Apr. 03, 2007 |
Administrative Complaint filed.
|
Apr. 03, 2007 |
Election of Rights filed.
|
Apr. 03, 2007 |
Agency referral filed.
|
Apr. 03, 2007 |
Initial Order.
|