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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs OLD STYLE DELI, 10-001707 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-001707 Visitors: 13
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: OLD STYLE DELI
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Mar. 30, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 9, 2010.

Latest Update: Jul. 05, 2024
aa/29/2818 5:82 8584146749 DEPR OGA Mar 30 2010 11:19 PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, © vs. : ; . : License No, 3907062 OLE STYLE DEL dent License Type 2010 eSpon , , Case No, 2008054985 ee ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against OLE STYLE DELI, (‘Respondent’), and says: 4. Petitioner Ig the state agency charged with regulating the operation of public lodging establishments and public food service astablishments, pursuant to Section 20.185 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at ail 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 110 E MADISON ST, TAMPA, FLORIDA 336024702. The mailing address of record is OLE STYLE DELI, at 110 E MADISON ST, TAMPA, FLORIDA 336024702. . 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 therete 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 herain by reference. WHEREFORE, Patitloner respectfully requests entry of an Order imposing one or more of the following penatties: administrative fine not to exceed $1,000 per offense; mandatory attendance at Respondent's Jos —Bistrict Manager By delegation of the Director, of designee Division of Hotels & Restaurants , . Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 : Department of Business & Professional Regulation 1940 North Monroe Street Tallahassea, Florida 32399-1007 “eCertitied Article Num Her *yb0 350) 9845 5222 SSF GERTIFICATE OF SERVICE . im Pema BY CERTIFIED U.S. MAIL, ARTIGLE NUMBER: SENDERS RECORD THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2008. . Recgived by: Operators Signature Inspector's Signature Title oo, Title District Number: 03 Case Number: 2008054985 — File Number: 121513 Form ravised 07.07.07 License Number, 3807062 2010 OLE STYLE DELI a3/@5 M4 . aa/29/2818 5:82 8584146749 DEPR OGA ar 0 2oig es Exhibit A License Number: 3907062 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008054985 ‘ "FO" as cited herein references specific provisions of the Fond Gode, Recommendations of the United States Public Health Service, Food and Drug Administration, Incorporated by Chapter 61C, Florida Administrative Code. "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Goda. "*" denotes a critical violation. It is alleged that on July 28, 2008, September 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 Gode (FAC), in the follawing particulars. Copy(s) of the raport(s) for the above referenced Inspection(s) are attached hereto and Incorporated by reference as Exhibit B. ‘ : #4, 5A-00-41 610-4.023(1) FAC: (1) WHEN FOUR OR MORE EMPLOYEES', AT ONE TIME, ARE ENGAGED IN THE STORAGE, PREPARATION OR SERVING OF FOOD IN A LICENSED . : ESTABLISHMENT, THERE SHALL BE AT LEAST ONE CERTIFIED FOOD PROTECTION MANAGER PRESENT AT ALL TIMES WHEN SAID ACTIVITIES ARE TAKING PLACE. THE CERTIFIED FOOD PROTECTION MANAGER OR MANAGERS NEED NOT BE PRESENT IN THE ESTABLISHMENT DURING THOSE PERIODS OF OPERATION WHEN THERE ARE THREE FOR FEWER EMPLOYEES’ ENGAGED IN THE STORAGE, PREPARATION, OR SERVING OF FOODS. NO CURRENTLY CERTIFIED FOOD SERVICE MANAGER ON DUTY-WITH FOUR OR MORE EMPLOYEES ENGAGED IN FOOD PREPARATION. Dietrict Number: 03 Case Number: 2008054985 Fila Number: 121513 Form revised 07.07.07 Licange Number: 3907062 2010 OLE STYLE DEL! PAGE 84/85

Docket for Case No: 10-001707
Issue Date Proceedings
Apr. 09, 2010 Order Closing File. CASE CLOSED.
Apr. 08, 2010 Notice of Voluntary Dismissal filed.
Mar. 30, 2010 Initial Order.
Mar. 30, 2010 Election of Rights filed.
Mar. 30, 2010 Administrative Complaint filed.
Mar. 30, 2010 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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