Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: BAKELY'S RESTAURANT
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Dec. 04, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 21, 2010.
Latest Update: Dec. 24, 2024
Dec 4 2009 14:11
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Patitioner,
VS.
License No, 5802808
BAKELYS RESTAURANT License Type 2010
Respondent Case No, 2009005385
oe
ADMINISTRATIVE COMPLAINT.
The DEPARTMENT OF BUSINESS AND FROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against BAKELYS RESTAURANT,
(‘Respondent’), and says:
1. 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 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 345 W FAIRBANKS
AVE, WINTER PARK, FLORIDA 32789,The mailing address of record is BAKELYS RESTAURANT, at
2433 HICKORY OAK BLVD, ORLANDO, FLORIDA 32817.
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. Inspaction documents are attached as Exhibit “B’,
incorporated herein by reference.
WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the follawing
penalties: administrative fine not to exceed $1,000 per offense; mandatory attendance at Respondent's
expense at an educational pragram sponsored by the Department's Hospitality Education Program,
suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other rellef
authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto.
Signed April 10, 2009
Valerie Freeman, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Charles F. Tunnisliff, 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 of the foregoing ADMINISTRATIVE COMPLAINT has baen
hand served by me on this. day of , 2009.
Received by:
Inspector's Signature Operator's Signature
Title Title
Case Number, 2009008385 — File Number: 213945 Olstriet Number: 04
License Number: 5802808 2010 Form revised 07.19.07
BAKELYS RESTAURANT
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Exhibit A
License Number: 5802808
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2009005385
FC as cited hereln references specific provisions of the Food Code, Recommendations of the United States
Publi¢ Health Service, Food and Drug Administration, incorparated by Chapter 61C, Florida Administrative
Code. NFPA as cited herein references specific provisions of the National Fire Protection Association Life
Safely Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida
Administrative Code, and 61G-1,004(5), Florida Administrative Code.
* denotes a critical violation.
itis alleged that on January 28, 2009 the licensee was in violalion 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 referanced ingpection(s) are attached hereto and incorporated by
reference as Exhibit B.
* 4.35051 6-501.141 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 EVIDENCE OF A VERMIN INFESTATION INSIDE THE FACILITY. NUMEROUS RODENT
DROPPINGS WERE OBSERVED THROUGHOUT THE ESTABLISHMENT INCLUDING ON THE FLOOR
UNDER THE DISH MACHINE, ON THE FLOOR BY THE SERVER'S DRINK MACHINE, UNDER THE OVEN
ON THE PREP TABLE BY THE COOKLINE, ON TOP OF THE COOKLINE MICROWAVE, AND INSIDE A
CABINET AT THE FRONT LINE AREA BELOW ELECTRICAL EQUIPMENT. ADDITIONALLY, LIVE AND
DEAD ROACHES WERE OBSERVED ON THE PREP TABLE UNDER THE MIXER, UNDER. THE
MIGROWAVE ON THE COOKLINE, ON THE GOOKLINE STEAM TABLE, UNDER THE THREE BAY SINK,
ON THE FLOOR BY THE ICE MACHINE AND INSIDE A GLASS AT THE SERVER AREA.
* denotes critical violation District: 04
Case Number: 2009005385 License Type: 2019
License Number: 5802808 File Number: 243946
BAKELYS RESTAURANT
Docket for Case No: 09-006629
Issue Date |
Proceedings |
Jan. 21, 2010 |
Order Relinquishing Jurisdiction and Closing Files. CASE CLOSED.
|
Jan. 19, 2010 |
Notice of Voluntary Dismissal filed.
|
Dec. 14, 2009 |
Order (enclosing rules regarding qualified representatives).
|
Dec. 14, 2009 |
Order of Pre-hearing Instructions.
|
Dec. 14, 2009 |
Notice of Hearing by Video Teleconference (hearing set for February 11, 2010; 9:00 a.m.; Orlando and Tallahassee, FL).
|
Dec. 14, 2009 |
Order of Consolidation (DOAH Case Nos. 09-6627, 09-6628, 09-6629 and 09-6630).
|
Dec. 10, 2009 |
Motion to Consolidate filed.
|
Dec. 10, 2009 |
Response to Initial Order filed.
|
Dec. 07, 2009 |
Initial Order.
|
Dec. 04, 2009 |
Election of Rights filed.
|
Dec. 04, 2009 |
Administrative Complaint filed.
|
Dec. 04, 2009 |
Agency referral filed.
|