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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs LIZ`S BAKERY AND CATERING, 09-006493 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-006493 Visitors: 6
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: LIZ`S BAKERY AND CATERING
Judges: JEFF B. CLARK
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Nov. 24, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 15, 2009.

Latest Update: Sep. 21, 2024
Now 24 2009 13:47 11/23/2889 88:31 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, VE. ioense No, 5811234 LIZ'S BAKERY & CATERING License Type 2010 Respondent. Case No. 2009006866 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BLISINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against LIZ'S BAKERY & CATERING, (‘Respondent’), and says: 1. Petitioner Is the state agency charged with reguiafing the operation of public fodging establishments and public food service establishments, pursuant to Section 20.185 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 707 GOLDENROD RD, ORLANDO, FLORIDA 32807.The malling address of record is LIZ'S BAKERY & CATERING, at 707 GOLDENROD RD, ORLANDO, FLORIDA 32807. 3. . Inspection of this establishment conducted pursuant to Sec. 509.022, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereta governing operation of the establishment. The violation(s) found and applicable law ara described in Exhibit "A,” attached hereto and incorporated herein by reference, Inspection documents are attached as Exhibit "B’, incorporated herein by reference, WHEREFORE, Patitioner 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 thereto. Signed February 11, 2009 Valerie Freeman, District Manager By delagation of the Director, or designee Division of Hotels & Restaurants ; Department of Business & Professional Regulation “COUNSEL FOR THE DEPARTMENT: t Be, : Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0163931 Department of Business & Professional Regulation 1940 North Monroe 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 foregeing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2009, Received by: Inspector's Signature Operator's Signature Title Title District Number. 04 Case Number 2008006865 File Numbet: 196128 Form revised 07.07.07 License Number: 5811234 2010 UZ'S BAKERY & CATERING 63/86 Now 24 2009 13:47 11/23/2889 88:31 8584146749 DEPR OGA PAGE @4/@6 Exhibit A License Number: 5811234 License Type: 2010 PERMANENT FOOD SERVICE .Case Number: 2002006886 FC as cited herain references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Goda. NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, Incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Adrninistratlve Code, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. itis alleged that on March 3, 2008, November 18, 2008, January 27, 2009 the llcensee 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. Capy(s) of the report(s) for the above referenced Inspection(s) are attachad hereto and Incorporated by reference as Exhibit B. * 9 4,22.28-4 4-601.11(A} FC: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUGH, THE REACH IN COOLER WAS SOILED WITH FOOD RESIDUE. (OBSERVED 11/18/08 AND 1/27/09). * 2.97-16-1 §-202.12(A) AND (B) FC:: HANDWASHING FACILITY, INSTALLATION. (A) A HANDWASHING LAVATORY SHALL BE EQUIPPED TO PROVIDE WATER AT A TEMPERATURE OF AT LEAST 100 DEGREES FAHRENHEIT THROUGH A MIXING VALVE OR COMBINATION FAUCET. (B) A STEAM MIXING VALVE MAY NOT BE USED AT A HANDWASHING LAVATORY. HOT WATER WAS NOT PROVIDED AT THE KITCHEN HAND SINK. (OBSERVED 3/3/08, 11/18/08, AND 4/27108). * 3.35A-0d-1 6501114 FC: CONTROLLING PESTS. THE PRESENCE OF INSEGTS, 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 EVIDENCE OF A ROACH INFESTATION INSIDE THE FACILITY. NUMEROUS LIVE ‘ROACHES WERE OBSERVED THROUGHOUT THE ESTABLISHMENT INCLUDING ELEVEN IN A...., ° CREVICE OF WOOD PANEL ADJAGENT TO THE REACH IN COOLER, FOUR BEHIND THE REACH IN COOLER UNDER A PIECE OF BREAD, ONE IN A CREVICE ON THE WALL OVER THE STEAM TABLE, AND ONE ON THE WALL OVER THE PREP SINK. (OBSERVED 1/27/09). 4.37-05-1 81C-1,004(6) FAC:; (8) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. THE KITCHEN WALLS WERE SOILED WITH FOOD RESIDUE AND THE REAR DOOR AREA WALLS WERE SOILED. (OBSERVED 11/18/08 AND 1/27/09). _* denotes critical violation District: 04 Case Number: 2009006866 License Type: 2010 License Number: 5811234 File Number: 196128 LIZ'S BAKERY & CATERING Now 24 2009 13:47 11/23/2889 88:31 8584146749 DEPR OGA PAGE 85/86 CERTIFICATE OF SERVICE FLBO 3501 F845 4555 &503 "TO: BELLO ELIZABETH LI27'S BAKERY & CATERING 707 GOLDENROD RD ORLANDO, FLORIDA 32607 SENDER: Dept. of Businass & Frof. Regulatlon Division of Hotels & Restaurants REFERENCE: License No. 5811234 License Type 2010 Case No. 2009006866 PS Form 3800, January 2005 RETWAN | Postage oeevion * SERVICE Raturn Ascoipt Fee Restrleted Onliva: Total Postage & Fors US Postel Service” POSTMARK OF DATE | Receipt for me , Certified Mait : Ne insurance Coverage Provided Do Nel Use ler International bail Pa. Anica Number —_ i FLED 390% 4845 8559 bS0a3 DB, Js dellvarygedrade oitprant from lam +7 "HIVES, enter delivery androrg bain: — 3. Service Typa CERTIFIED MAIL i 4. Restricted Delivery? (Exira Foe) (Ives 1. Article Addressed to: i BELLO ELIZABETH i LIZ'S BAKERY & CATERING i 707 GOLDENROD RD i ORLANDO, FLORIDA 32807 . Lie. Né. 8811234 2010 Case Na. 2009006886 — ? PS Form 3814, January 2005 Dornestic Retuth Aacelpt i * Ati 1 O4 Case Number, 2009008866 File Number: 196128 District Number: 04 License Number: 6811234 2010 U2'S BAKERY & CATERING

Docket for Case No: 09-006493
Source:  Florida - Division of Administrative Hearings

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