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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs JOHN MICHAEL WEDDINGS AND SPECIAL EVENTS, 09-005463 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-005463 Visitors: 16
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JOHN MICHAEL WEDDINGS AND SPECIAL EVENTS
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Oct. 07, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 20, 2009.

Latest Update: May 18, 2024
Oct 7 2009 9:17 1a/@6/ 2889 83:55 8584146749 DEPR OGA PAGE STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS” "7 i DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. ipense No. 5810872 JOHN MIGHAEL WEDDINGS & SPECIAL EVEN: lense Type 2013 Respondent. Case No, 2008066318 ADMINISTRATIVE GOMPLAINT The DEPARTMENT QF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this ‘Administrative Complaint against JOHN MICHAEL WEDDINGS & SPECIAL EVENTS, ("Respondent’), and says: 4. 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 atall times material hereto, licansed by ar subject to the Jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 627 VIRGINIA AVE., ORLANDO, FLORIDA 32803. The mailing address of record is JOHN MICHAEL WEDDINGS & SPECIAL EVENTS, at P.O. BOX 1448, ORLANDO, FLORIDA 32802. 3. Inspection of this establishment conducted pursuant to See, 609.032, Florida Statutes, revealed violations of tha provisions of Chapter 509, Florida Statutes, and/or the rules promulgated thereta governing. operation of tha establishment. ‘The violation(s) found and applicable law are described 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 ane or more of the following penalties: administrative fine nat to exceed $1,000 per offansa; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitallty Educatlon Program, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other rellef authorized by Chapter 508, Florida Statutes, or the rules promulgated thereto. Signed December 10, 2008 Vv, 4 i ee Valerie Freeman, District Manager, * . By delagation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulatian COUNSEL FOR THE DEPARTMENT: tot . . Charles F, Tunniciiff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: __- ne foragaing ADMINISTRATIVE COMPLAINT has been i. | HEREBY CERTIFY thata true and correct copy of tf hand served by me on this day of _- Received by’. Inspector's Signature Operator's Signature Title Title Gese Number 2008066319 File Nurnber: 2a43 : : District Number: 04 Lieanse Number 5810872 2013 Form ravised 07.07.07 JOHN MICHAEL WEDDINGS & SPECIAL EVENTS 15/26 Oct 7 2009 9:18 1a/@6/ 2889 83:55 8584146749 : DEPR OGA PAGE Exhibit A _ License Number: 5810872 License Type: 2013 CATERING Case Number: 2008066318 FC ag clted herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incarporated by Chapter 61C, Florida Administrative Code. NFPA as cited herein references specific provisions of the National Fira Protection Association Life Safety Code, incorporated by raferance at Chapter 44-3, Fira Prevention, Ganeral Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Cada. * denotes a critical violation. tis alleged that on December 11, 2007, November 18, 2008 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, 08428-1 3.405.11 FC: FOOD STORAGE. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (GC) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD: (1) INA CLEAN, DRY LOGATION; (2) WHERE IT IS NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. (B) FOOD IN PACKAGES AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON CASE LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204.122. (C) PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR CANS, AND MILK CONTAINERS IN PLASTIC CRATES MAY BE STORED ON A FLOOR THAT.IS CLEAN AND NOT EXPOSED TO FLOOR MOISTURE. SALT WAS STORED ON THE FLOOR IN THE DRY STORAGE AREA. * 9.538-08-1 509.049 FS: 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 CHAPTER. 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 PROVIDER 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 RECEIVE GERTIFIGATION PURSUANT TO THIS ‘SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. GERTIFIGATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. THERE WAS NO PROOF OF EMPLOYEE FOOD HANDLER TRAINING PROVIDED. * denotes critical violation District 04 Case Number: 2008066318 License Type: 2013 License Number: 5810872 File Number: 2243 _JOHN MICHAEL WEDDINGS & SPECIAL EVENTS ae ; es 16/26

Docket for Case No: 09-005463
Source:  Florida - Division of Administrative Hearings

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