Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: DRIFTERS
Judges: R. BRUCE MCKIBBEN
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Jun. 05, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 20, 2008.
Latest Update: Dec. 24, 2024
Jun 3 2008 3:05
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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,
v5.
License No, 7404888
DRIFTERS BAR & GRILL License Type 2010
Respondent. Case No, 2008002602
__
DMINIS TIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files thie Administrative Gomplaint against DRIFTERS BAR & GRILL,
(Respendent’), and says:
4, Petitioner is the state agency charged with regulating the operation of public ladging establishments and
public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes.
2. Respondentis, and has been at ali times material hereto, licansed by or subject to the jurisdiction of the
Division of Hotels and Restaurants. The respondent's business address of regard i¢ 2400 S ATLANTIC
AVENUE, DAYTONA BEACH SHORES, FLORIDA 32118-5402, The mailing address of record is
DRIFTERS BAR & GRILL, at 2400 S ATLANTIC AVENUE, DAYTONA BEACH SHORES, FLORIDA
32118-5402. :
3. Inspection of this establishment conductad pursuant to Sec, 509.032, Florida Statutes, revealed violations
of the provigions of Chapter 509, Florida Statutes, and/or the mules promulgated thereto governing
operation of the establishment. The violation(s) found and applicable (aw are described in Exhibit “A,”
attached hereto and incorporated herein by reference. Inspestion 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 st Respondent's
expense at an educational program sponsored by the Department's Hospitality Education Program;
suspension, revocation, of refusal ofa license issued pursuant to this Chapter, and/or any other rellef
authorized by Chapter 508, Florida Statutes, or the rules promulgated thereto.
Signed January 11, 2008 —
Valerie Freeman, District Manager
By delegation of the Director, of designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Charles F. Tunnieliff, Lead Attorney
Florida Bar No. 0153831
Department of Business & Professional Regulation
4940 North Monroe Street
Tallahassee, Florida 32399-1007
GERTIFIGATE OF SERVICE
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
| HEREBY CERTIFY that a true and correctcopy af the foregoing ADMINISTRATIVE COMPEAINT has been
hand‘Rerved pywme on this" day of FeBhuAbel 2008.
tad? Regeived wy Conte UW trtaens—
pons ra pa ° , & Operator's Signature
Title Title .
Case Number: 2008002602 Fila Number: 214268 Diatrict Number, 04
Form revised 07.07.07
License Number. 7404888 2010
DRIFTERS BAR & GRILL
ad/ag
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STATE OF FLORIDA,
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Patitioner,
vs.
License No. 7404888
DRIFTERS BAR & GRILL License Type 2010
Respondent. Case No. 2008002802
ADMINISTRA TIVE. COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against DRIFTERS BAR & GRILL,
(‘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 20.165 and Chapter 509, Florida Statutes.
2. Respondent is, and has been at all times material hereto, licensed oy or subject to the jurisdiction of the
Division of Hotels and Restaurants, The respondent's business address of record is 2400 § ATLANTIC
AVENUE, DAYTONA BEACH SHORES, FLORIDA 32118-8402. The mailing address of record ia
DRIFTERS BAR & GRILL, at 2400 § ATLANTIC AVENUE, DAYTONA BEACH SHORES, FLORIDA
32118-6402.
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 thereto governing
operation of the establishment, The violatian(s) found and applicable 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 aitendance at Respondertt’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 609, Florida Statutes, or the rules promulgated thereto.
. Signed January 11, 2008
Valeria Freeman, District 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, 0153831
Department of Buainess & Professional Regulation
4940 North Monroe Street
Tallahassee, Florida 32399-1007
CERTIFICATE OF SERVICE ;
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
THEREBY CERTIFY that a true and correct Copy of the foregoing ADMINISTRATIVE COMPLAINT has been
, 2008.
hand served by me on fhis day of
- Received by:
Inspector's Signature Operator's Signature
i se mane
Title Title
Case Number: 2008002602 File Number. 214266 District Number: 04
. Lesnse Number: 7404600 2010 Form revised 07.07.07
DRIFTERS BAR & GRILL
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PAGE 86/a9
Exhibit A
License Number. 7404888
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2008002602
FC as cited herein referances 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 raferences specific provisions of the National Fire Protection Association Life
Safety Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida
Administrative Code, and 81C-1.004(5), Florida Administrative Code.
* denotes a critical violation.
tis allaged that on January 9, 2008 the licensee was ih violation of Florida Statute 509(FS) and/or the Rules of
the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in tha following particulars.
Copy(s} of the report(s) for the abave referenced inspection(s) are attached hereto and incorporated by
reference as Exhibit B.
+ 4,27-17-4 §-103.12FC:;: PRESSURE, WATER UNDER PRESSURE SHALL BE PROVIDED TO ALL
FIXTURES, EQUIPMENT, AND NONFOOD EQUIPMENT THAT ARE REQUIRED TO USE WATER EXCEPT
THAT WATER SUPPLIED AS SPECIFIED IN PARAGRAPHS 5-4104.12(A) AND (B) TO A TEMPORARY
FOOD ESTABLISHMENT OR IN RESPONSE TOA TEMPORARY INTERRUPTION OF A WATER SUPPLY
NEED NOT BE UNDER PRESSURE.
OBSERVED THE RESTAURANT OPERATING WITHOUT ANY WATER.
* denotes critical violation District: 04
Case Number: 2008002602 License Type: 2010
License Number. 7404838 File Number. 214266
DRIFTERS BAR & GRILL .
Jun 5 2008 8:06
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STATE OF FLORIDP- . Page 1 of 3
DEFARTMERT OF = - NESE AMD PROFESSIONAL FOLLOWGUP INSPECTION REQUIRED
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LEGAL WOTIEE
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OL 05/08 02:39 PM Routine gan SEAT
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JACKS ALOMA LIQUORS INC
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ORIFTERS BaR AND GRILL
Businadc Name
EMERGENCY ORDER of suitpension of Bceats.
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and bo prepare ote hamburger eanededch made today, Lichtg hesinty tongs end dell pape
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Rexipient: Carole Tunkkon *
, Karen Barrett
™ ‘anege Sannation ae ety Specs 400 W Robinson Street M 002
Phone: 988-2263650 oeana re gee
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saibiijiient pages, Tan. marked N/A dre fot Applicable. Ines Marto as N/C) are Noe
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Jun 5 2008
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STATE OF FLORIDA
DEPARTMERT OF BUSENESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
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FOOD SERVICE INSPECTION REPORT’
De 77eL Weber phowsare lecking at fletines that require he spe af vaher,Water haw Gara banned off since 3/0 pm 1/B08,
SAPO1-LiManeger lacking ptnef of Faed Manager
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of any dvighon inspection of tha atabiahment, Bret
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Docket for Case No: 08-002661
Issue Date |
Proceedings |
Jun. 20, 2008 |
Order Closing File. CASE CLOSED.
|
Jun. 19, 2008 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jun. 12, 2008 |
Order of Pre-hearing Instructions.
|
Jun. 12, 2008 |
Notice of Hearing by Video Teleconference (hearing set for July 24, 2008; 9:30 a.m.; Orlando and Tallahassee, FL).
|
Jun. 10, 2008 |
Response to Initial Order filed.
|
Jun. 05, 2008 |
Initial Order.
|
Jun. 05, 2008 |
Administrative Complaint filed.
|
Jun. 05, 2008 |
Election of Rights filed.
|
Jun. 05, 2008 |
Agency referral filed.
|