Elawyers Elawyers
Washington| Change

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs RALPH AND ROSIE RESTAURANT, 09-006620 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-006620 Visitors: 26
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 12/83/2089 86:21 8584146749 DEPR OGA PAGE 8/12 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 ag/12 Dec 4 2009 11:40 12/83/2869 6:21 8584146749 DEPR OGA PAGE 148/12 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.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer