Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: DAI LOI
Judges: JAMES H. PETERSON, III
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Nov. 24, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 2, 2009.
Latest Update: Dec. 25, 2024
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DEPR OGA PAGE
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
WS.
License Number, 2613871
DAI LO! dent License Type 2010
Respondent. Case Number 2009038911
{
———_—
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner’), files this Administrative Complaint against DAI LOI, (‘Respondent’), and says:
4, Petitioner is the state agency charged with regulating the operation of public ladging establishments and
public fond service establishments, pursuant to Section 20,165 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 5808 NORMANDY
BLVD #13, JACKSONVILLE, FLORIDA 32205.The mailing address of record is DAI LOI, at 5808
NORMANDY BLVD #13, JACKSONVILLE, FLORIDA 32205.
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 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 one or mare of the following
penalties: administrative fine notte 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 thereto.
Signed July 24, 2009 F (
@feven von Bodungen, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Mare Drexler, Lead Attorney
Florida Bar No, 0487058
Department of Business & Professional Regulation
1940 North Manroe Street
Tallahassee, Florida 32399-1007
Certificate of Service
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this, day of 2009
Received by:
Inspector's Signature Operator's Signature
Title Title
Case Number; 2009038911 File Number, 225222 District Number: 05
License Number: 2613811 2010 Form revised 05.20.08
DAILLOI
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Exhibit A
License Number; 2613811
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2009038911
FC as cited herein references specific provisions of the Food Cade, Recommendations of the United States
Public Health Service, Food and Drug Administration, incorporated by Chapter 81C, Florida Administrative
Code. NEPA as cited herein references specific provisions of the National Fire Protection Association Life
Safety Code. incorporated by referance at Chapter 4A-3, Fire Prevention, General Provisions, Florida
Administrative Gade, and 610-1 .004(5), Florida Administrative Gode.
* denotes a critical violation.
Itis alleged that on July 7, 2009, ihe 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 ingpection(s) are attached hereto and incorporated by
reference as Exhibit B.
* 4, 95A-05-1 8-501.117 FC: CONTROLLING PESTS. THE PRESENCE OF INSECTS, RODENTS,
AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY:
(A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY
INSPECTING THE PREMISES FOR EVIDENCE OF PESTS; (C) USING METHODS, IF PESTS ARE FOUND,
SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER
SECTIONS 7-202.12, 7-206.12, AND 7-206.13; AND (D) ELIMINATING HARBORAGE CONDITIONS.
OBSERVED ROACH ACTIVITY AS EVIDENCED BY A TOTAL OF 20 LIVE ROACHES FOUND
THROUGHOUT THE KITCHEN. LIVE ROACHES WERE FOUND WITHIN THE RESTAURANT AS
FOLLOWS: TWO LIVE ROACHES INSIDE A PREP TABLE DRAWER WHERE UTENSILS ARE STORED
ON THE COOKLINE, THREE LIVE ROACHES UNDERNEATH THE HANDSINK NEAR THE PREP AREA
TABLE, TWO LIVE ROACHES. UNDERNEATH THE PREP TABLE ON THE GOOK LINE, 10 LIVE
ROACHES UNDERNEATH THE REACHIN COOLER IN THE KITCHEN COMING OUT OF THE COOLER
WHEELS, AND THREE LIVE ROAGHES IN A CORNER COVING AREA NEAR THE REACHIN COOLER
ANO TABLE WHERE OFEN PACKAGES OF FOOD ARE STORED.
2.51-40-1 509.032(2(B) FS FOR PURPOSES OF PERFORMING REQUIRED INSPECTIONS AND
THE ENFORCEMENT OF THIS CHAPTER, THE DIVISION HAS THE RIGHT OF ENTRY AND ACCESS TO
PUBLIC LODGING ESTABLISHMENTS AND PUBLIC FOOD SERVICE ESTABLISHMENTS AT ANY
REASONABLE TIME.
OBSERVED INTERFERENCE/OBSTRUCTION WITH THE INSPECTOR'S RIGHT TO ENTRY AND ACCESS
AT ANY REASONABLE TIME. OWNER OF THE ESTABLISHMENT MADE THREATS TOWARD THE
INSPECTOR, STATED HE WAS GOING TO KILL THE INSPECTOR, AND USED FOUL LANGUAGE
DURING INSPECTION. POLICE WERE CALLED TO THE SCENE AND POLICE REPORT WAS
COMPLETED.
* denotes critical violation District: 05
Case Number: 2009038911 : License Type: 2010
License Number: 2613811 File Number: 225222
DAI LOL
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Bada hepertn y
Business
Professional
Reqguiation
lov 24 2009 13:45
PAGE
Oivision of Holals and Restauranls
District V Office
7960 Arlington Expressway. Suite 510
Jacksonville, Flosa 32211-7467
Phone; 850,487,.1395 « Fax: (04,727.5558
Charles W. Drago, Secretary
TO:
FROM: Dwayne Busselh
SUBJECT: Hand Service Administrative Complaint (2009038911)
DATE: September 2, 2009
MEMORANDUM
Steven Rivera, ie.
aputy District Administrator
Charlie Grist, Governor
The office has not received notification that the owner/operator has
received the Administrative
Complaint that was mailed 07/28/09. Please hand-deliver the attached Administrative _
Complaint as soon as possible.
Please fill in the blanks below, leave one copy with the operator a
Administrative complaint for case number
ing return one to me.
2009038911 was hand delivered to
O¢:Gthy 6- das 60
{Date)
_Nittok Boye hl at SS fan Go HO 8.
(Print Name and Title
{Recipie Signature) (Date)
Ley Fare F~ FrOF
inspectors Signature and Title) {Dais)
Please verify the mailing address on the Administrative complaint
obtain a correct mailing address, complete a Change of Record fo
Office.
Thank you!
LICENSE EFFICIENTLY. REGULATE FAIR
WWW.MYFLORIDALICENSE,COM
and if itis not correct, please
rn and submit to District
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Docket for Case No: 09-006492