Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: NATURLA CHICKEN GRILL
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Dec. 19, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 22, 2008.
Latest Update: Mar. 03, 2025
Dec 19 2007 11:29
12/19/2887 11:25 8584146749 DEPR OGA PAGE
STATE OF FLORIDA, :
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
Vs. .
NATURLA CHICKEN GRILL {oe ae saore’
Respondent. Case No, 2007040484
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner’), files this Administrative Complaint against NATURLA CHICKEN GRILL,
("Respondent"), and says:
4. Patitioner is the state agency charged with raguiating the operatian of public lodging establishments and
public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes.
2. Respondent fs, and has been at all tities material hereto, licensed by or. subject to the jurisdiction of the
Division of Hotels and Restaurants. The respondent's business address of record is 4861 COCONUT
CREEK PKWY, COCONUT GREEK, FLORIDA 33063, The mailing address of record is NATURLA
CHICKEN GRILL, at 4861 COCONUT CREEK PKWY, COCONUT CREEK, FLORIDA 33063.
3. Inspection of this establishment conducted pursuant te See, 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 viotation(s) found and applicabla law are deserlbed 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 sponsared by the Department's Hospitality Education Program,
suspension, revocation, or refusal of a llcense issued pursuant fo this Chapter, and/or any other rallef
authorized by Chapter 509, Florida Statutes, or the rulas promujyatechihereto. .
. Signed Saptember 04, 2007
. Ken Buck, District Manager
By delegation of the Director, or dasignee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Charles F. Tunnicliff, Lead Attormey
Florida Bar No. 0153831 .
Department of Business & Professional Regulation
4940 North Monroe Street .
Tallahassee, Florida 32398-1007
GERTIFIGATE OF SERVICE ;
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
] HEREBY CERTIFY that a true and correct copy o'
f {he foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this. day of ___, 2007...
Received by:
Inspector's Signature Operator's Signature
Title Tile
Case Number: 2007049484 — File Number: 202912 Bistriet Number: 02
Form ravised 07.07.07
License Number: 1620797 2070
NATURLA CHIGKEN GRILL
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Exhibit A
Ucense Number: 1820797 .
License Type; 2010 PERMANENT FOOD SERVICE .
Case Number: 2007049484
"EC as cited herein references specific provisions of the Food Code, Recommendations of the United States
Public Health Service, Food and Drug Administration, incarperated by Chapter 61C, Florida Administrative
Cade, “NEPA” as cited herain references specific provisions of the National Fire Protection Association Life
Safety Code, Incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions’, Florida
Administrative Code, and 616-1 .004(5), Florida Administrative Code.
“" denotes a critical violation.
It ls alleged that on August 21, 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 Inspaction(s) are attached hereto and incorporated by
reference as Exhibit B. ;
* 4,03B-02-1 3504.16 (A)(1) FG: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING,
OR WHEN TIME 1S USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-
501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY .
HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT
THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-
401.11{B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A
TEMPERATURE OF 130. DEGREES FAHRENHEIT OR ABOVE;
A. OBSERVED COOKED VEGETABLES NOT HELD AT ONE HUNDRED AND THIRTY-FIVE (135)
DEGREES FAHRENHEIT OR ABOVE....RICE, :
B. OBSERVED COOKED MEATS OR POULTRY NOT HELD AT ONE HUNDRED AND THIRTY-FIVE (135)
DEGREES FAHRENHEIT OR ABOVE....CHICKEN RICE.
© 2. 0BAK231 3-802,17(A)(1) FOs , (A) FOOD SHALL BE PROTECTED FROM CROSS
GONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION,
HOLDING, AND DISPLAY FROM: (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL
FOOD SUCH AS FISH FOR SUSHI OR MOLLUSGAN SHELLFISH, OR OTHER RAW READY-TO-EAT
FOOD SUCH AS VEGETABLES, AND (B} COOKED READY-TO-EAT FOOD; ;
OBSERVED IMPROPER VERTICAL SEPARATION OF RAW ANIMAL FOODS AND READY-TO-EAT
FOODS... RAW CHICKEN ABOVE FRESH CORN IN WALK-IN COOLER.
* 3.59B-08-1 509.049 FAC: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT,
BY RULE, 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 GHAFTER.
THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD
SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED
BY A PRIVATE NONPROFIT FROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING
PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE
EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS
REVIEW 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 REGEIVE CERTIFICATION PURSUANT TO THIS
SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000,
MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AETER EMPLOYMENT. CERTIFICATION PURSUANT
TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS.
. District Number: 02.
Case Number 2007040484 — File Number: 202912 .
Urense Number: 1820787 2010 Form reviaed 07.07.07
NATURLA CHICKEN GRILL
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LOYEE TRAINING PROVIDED. ALL PUBLIC FOOD
N_WITH PROOF OF EMPLOYEE TRAINING
IVISION INSPECTION OF
OBSERVED NO PROOF OF REQUIRED EMP
SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISIO
UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY D
THE ESTABLISHMENT.
Ogee Number: 2007049484 Fite Number: 202812 District Number: 02
Lieenge Number: 1820787 2010 ; Form raviged 07.07.07
NATURLA CHICKEN GRILL
Docket for Case No: 07-005733
Issue Date |
Proceedings |
Jan. 22, 2008 |
Order Closing File. CASE CLOSED.
|
Jan. 18, 2008 |
Notice of Voluntary Dismissal filed.
|
Jan. 08, 2008 |
Response to Initial Order filed.
|
Jan. 04, 2008 |
Order of Pre-hearing Instructions.
|
Jan. 04, 2008 |
Notice of Hearing by Video Teleconference (hearing set for March 3, 2008; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Dec. 19, 2007 |
Election of Rights filed.
|
Dec. 19, 2007 |
Administrative Complaint filed.
|
Dec. 19, 2007 |
Agency referral filed.
|
Dec. 19, 2007 |
Initial Order.
|