Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: MIKES TASTY BBQ
Judges: P. MICHAEL RUFF
Agency: Department of Business and Professional Regulation
Locations: Tavares, Florida
Filed: Dec. 03, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 16, 2008.
Latest Update: Dec. 24, 2024
Dec 3 2007 11:50
12/3/2687 12:33 8589219186 DEPR PAGE 11/14
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vs.
MICHAEL KENNEDY License Number 9900000
MIKES TASTY BBQ License Type 2064
Respondent. Case Number, 2007059548
i
DMINIS. Al
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Patitionar’), files this Administrative Complaint against MIKES TASTY BBQ,
(Respondent’), and says:
. tan, Petitionerss the.state,agency.charged with regulating the,operationof public lodging establishments and. . ...
Public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes,
2. Respondent Is an establishment subject to the jurisdiction of the Division of Hotela and Restaurante, The
respondent's business address of record is HWY 441, MT DORA, FLORIDA 32757.The malling address
of racord is MIKES TASTY BBQ at 1995 NORTH ORANGE ST, MT DORA, FLORIDA 32757,
3, Based on observation of Respondent's establishment activities and a thorough search of the Division’s
licensure records, Respondent was determined to be operating without statutorily required licensura, in
violation of the provisions of Chapter 509, Florida Statutes, as described In Exhibit "A" of this Complaint.
Respondent was therefore issued an Administrative Determination of Nor-licensure on October 27, 2007,
attached hereto as Exhibit "B°, documenting the activities requiring licensure and directing Respondent to
apply for or renew the required jicense, Respondent thereafter failed to abtain licensure and was issued an
Order of Closure on O¢tober 27, 2007, pursuant to Section 509.261(3), Florida Statutes, and attachad
hereto as Exhlalt "C’. ' .
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 therata,
Signed October 30, 2007
eel —et
Valerie Freeman, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
Case Numbor: 2007089548 — Fila Number: 580 District Number; 04
Liewnae Number: 2800000 2054 Form reviend OF.07.07
MIKES TASTY BEQ
Dec 3 2007 11:50
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COUNSEL FOR THE DEPARTMENT:
Charles F. Tunnicliff, Lead Attorney
Florida Bar No. 0153631
Department of Business & Professional Regutation
1940 North Monroe Stroet
Tallahasseo, Florida 32399-1007
FICATE CE
“BY CERTIFIED U.S, MAIL, ARTICLE NUMBER:
| HEREBY CERTIFY that a true and correct copy of the foregaing ADMINISTRATIVE COMPLAINT has bean
hand served by me on this, day of , 2007,
Roceived by;
Ingpector'’s Signature Operator's Signature
ee -
Title : Title
Gane Number: 2007050848 Fite Number: 580 District Number: 04
License Number 8800000 2054 Form revised 07.07.07
MIKES TASTY BBQ
Dec 3 2007 11:51
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Exhibit A
Ligense Number, NO LIC
License Type: 2051 NON-LICENSED FOOD SERVICE
Gase Number: 2007059548
1, Based on the foregoing, it is alleged that on October 27, 2007 Respandent violated the following
provisions of Chapter 609, Florida Statutes, or the rules promulgated therata;
509.241(1) FS LICENSES: ANNUAL RENEWALS, = Each public lodging establishment and public
food service eatabliehment shall obtain a license fram the division. Such license may
hot be transferred from one place or individual to another... , Licenses shall be
renewed annually, ...
§09.241(2) FS APPLICATION FOR LICENSE, ~ Each person who plans to open a public lodging
. establishment or a public food service establishment shall apply for ard recelve a
license from the division prior to the commencement of operation.
THE MOBILE FOOD DISPENSING VEHIGLE WAS SELLING POTENTIALLY HAZARDOUS FOOD TO
THE PUBLIC WITHOUT A LIGENSE FROM THE DIVISION OF HOTELS AND RESTAURANTS.
* denoted critical violation District: 04
Gase Number: 2007059548. License Type: 2051
License Nurtiber; NO LIC File Number: 550
MIKES TASTY BBQ
Docket for Case No: 07-005462
Issue Date |
Proceedings |
Jan. 16, 2008 |
Order Closing File. CASE CLOSED.
|
Jan. 15, 2008 |
Notice of Voluntary Dismissal filed.
|
Jan. 02, 2008 |
Notice of Hearing (hearing set for February 26, 2008; 2:00 p.m.; Tavares, FL).
|
Dec. 07, 2007 |
Response to Initial Order filed.
|
Dec. 03, 2007 |
Initial Order.
|
Dec. 03, 2007 |
Election of Rights filed.
|
Dec. 03, 2007 |
Administrative Complaint filed.
|
Dec. 03, 2007 |
Agency referral filed.
|