Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: RALPH AND ROSIE RESTAURANT
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Dec. 04, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 7, 2010.
Latest Update: Dec. 24, 2024
Dec 4 2009 11:59
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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,
vs.
License No. 6011784
RALPH & ROSIE RESTAURANT License Type 2010
Respondent. Gase No, 2008065518
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner’), files this Administrative Complaint against RALFH & ROSIE RESTAURANT,
("Respondent’), and says.
4. Patitioner 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 herato, licensed by or subject to the jurisdiction of the
Division of Hotels and Restaurants. The respondent's business address of record ts 2007 S FEDERAL
HWY, BOYNTON BCH, FLORIDA 33435.The mailing address of record is RALPH & ROSIE
RESTAURANT, at 2007 S FEDERAL HWY, BOYNTON BCH, FLORIDA 33435.
3. Inspaction of this establishment conducted pursuant to See. 509.032, Florida Statutes, revealed violations
of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing
aperation of the astablishment, 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 enfry 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:
suspengion, revocation, or refusal of a license igsUiéd pursuant to this Chapter, and/or any other relief
authorized by Chapter 509, Florida Statutes, or the rules promigated thereto,
Signed December 08, 2008 ..
Ken Buck, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Charles F. Tunniellif, Lead Attorney
Florida Bar No. 0153831
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 ofthe foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this day of i , 2008
Received, by:
Inspector's Signature | “Operator's Signature
Tite Title
Case Number; 2008065818 File Number: 138165 District Numbar: 02
Licanse Number: 6011784 2010 Form revised 07.19.07
RALPH & ROSIE RESTAURANT
Dec 4 2009 11:40
12/83/2089 86:21 8584146749 DEPR OGA PAGE
Exhibit A
License Number: 6041784
License Type: 2010 PERMANENT FOOD SERVIC
Case Number: 2008065518 ne
“EO” as cited herein 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
Code. "NFPA" as citad herein references specific provisions of the National Fire Protection Association Life
Safety Coda, Incorporated by reference at Chapter 44-3, “Fire Prevention, General Provisions”, Florida
Administrative Code, and 61C-1.004(5), Florida Administrative Code.
“*" denotes a critical violation.
It ig alleged that on November 26, 2008 the licensee was in violation of Florida Statute 509(FS) and/or the
Rules of the Division of Hotels and Restaurants, Florida Administrative Cade (FAC), In the following
particulars. Copy(s) of the report(s) for the above referenced inspaction(s) are attached harete and
incorporated by refarence as Exhibit B.
1.51-10-1 509.032(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. :
INSPECTOR DENIED ACCESS TO PREMISES FOR THE PURPOSE OF CONDUCTING FOOD SERVICE
INSPECTION.
Distrlet Number: 02
Case Number: 2008065518 — File Number: 138165
Form revised 07.19.07
Licanse Number: 60117684 2070
RALPH & ROSIE RESTAURANT
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Epa of : Division of Hotels and Restaurants
Business), seo Caconut reek Pa. Sula
protessic val Phone: 0 one va ase 5890
Charles Ww. Drago, Secretary Charlie Grist, Governor
HAND SERVICE MEMORANDUM
FROM: Kenneth C. Buck, District Manager
SUBJEGT: Case Number # 2008065518
Business Name: Ralph & Rosie Restaurant
Control number: 6011784
DATE: December 9, 2008
ere errrrrr rrr erent Tite ter ir Ci LOL LLL Lett lela
Please HANDSERVE the attached Administrative Complaint IMMEDIATELY.
Certified mail was either returned or no service has been received at this time.
Please DOGUMENT SERVICE: / ‘ i
Date of Service: bn [IF D [& . ' ,
\) Ua
Name and title of person served:
Signature for person served:
Current Phone Number:
Signature for DBPR employee:
Return ONLY this form to David Shareef, Staff Assistant.
LICENSE EFFICIENTLY. REGULATE FAIRLY.
"WWW. MYFLORIDALICENSE,COM
Docket for Case No: 09-006620
Issue Date |
Proceedings |
Jul. 07, 2010 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Jul. 06, 2010 |
Joint Motion to Relinquish Jurisdiction filed.
|
May 04, 2010 |
Order Directing Filing of Exhibits
|
May 04, 2010 |
Order of Pre-hearing Instructions.
|
May 04, 2010 |
Order Re-scheduling Hearing by Video Teleconference (hearing set for July 19, 2010; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Apr. 29, 2010 |
Response to Order Requiring Response and Continuing Hearing (filed in Case No. 09-006620).
|
Apr. 29, 2010 |
Response to Order Requiring Response and Continuing Hearing filed.
|
Apr. 20, 2010 |
Order Requiring Response and Continuing Hearing.
|
Apr. 14, 2010 |
CASE STATUS: Hearing Partially Held; continued to date not certain. |
Feb. 01, 2010 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for April 14, 2010; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Jan. 28, 2010 |
Motion for Continuance filed.
|
Jan. 26, 2010 |
Petitioner's Exhibit List (exhibits not available for viewing) filed.
|
Jan. 26, 2010 |
Petitioner's Witness List filed.
|
Dec. 18, 2009 |
Order Directing Filing of Exhibits
|
Dec. 18, 2009 |
Order of Pre-hearing Instructions.
|
Dec. 18, 2009 |
Notice of Hearing by Video Teleconference (hearing set for February 4, 2010; 1:00 p.m.; West Palm Beach and Tallahassee, FL).
|
Dec. 17, 2009 |
Order of Consolidation (DOAH Case Nos. 09-6619 and 09-6620).
|
Dec. 10, 2009 |
Petitioner's Motion to Consolidate filed.
|
Dec. 10, 2009 |
Response to Initial Order filed.
|
Dec. 04, 2009 |
Request for Administrative Hearing filed.
|
Dec. 04, 2009 |
Administrative Complaint filed.
|
Dec. 04, 2009 |
Agency referral filed.
|
Dec. 04, 2009 |
Initial Order.
|