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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs SONIC DRIVE IN, 10-002472 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-002472 Visitors: 24
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: SONIC DRIVE IN
Judges: ROBERT S. COHEN
Agency: Department of Business and Professional Regulation
Locations: Bronson, Florida
Filed: May 10, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 26, 2010.

Latest Update: May 23, 2024
May 10 2010 14:59 ge/ag/2Ale 8:41 8584146749 DEPR OGA PAGE 83/85 State of Florida Department of Business and Professional Raguiatian Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, V5. License Number. 4800548 SONIC DRIVE " dent License Type 2010 esponcien Case Number 2009045708 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND) RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against SONIC DRIVE IN, ee and says: 4, Petitioner ig the state agency charged with regulating the operation of public lodging establishments nd 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 is 1021 NW 218T AVE, GHIEFLAND, FLORIDA 32626.The mailing address of record is SONIC DRIVE IN, at 1021 NW 2187 AVE, CHIEFLAND, FLORIDA 32626. 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. Inspection documents are attached as Exhibit “B’, incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing ona or more of the following penalties: administrative fine not to axceed $1,000 per offanse, suspension, revocation, or refusal of a licen issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed August 31, 2009 q : A Steven Yon Bodungen, at hl By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation ray o COUNSEL FOR THE DEPARTMENT: Marc Dreyler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Sarvice BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: ‘ | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2009 Received by:, Inspector's Signature Operator's Signature Title Title Case Number: 2009048708 File Number: 204438 District Number: 05 License Number 4800548 2070 Fartn revised 07.15.09 SONIC DRIVE IN May 10 2010 15:00 ge/ag/2Ale 8:41 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number: 4800548 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009045708 FC as cited herein references specific provisions of the Foad Code, Recommendations of the United Stales Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrati Code. NFPA as cited herein references specific provisions of the National Fire Protection Association Life Sataty Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Gode. “denotes a critical violation. Itis alleged that on March 4, 2008, July 1, 2009 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 fallowing particulars. Copy(s) of the repori(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4.42A-22-4 810-4,010(1)(D) FAC AND 3-301.11(B) FG:. NO BARE HAND CONTACT OF EXPOSED READY-TO-EAT FOOD, FOOD EMPLOYEES’ MAY CONTACT READY-TO-EAT FOODS WITH THEIR BARE HANDS IMMEDIATELY PRIOR TO SERVICE IF THE OPERATOR OF THE PUBLIC FOOD SERVICE ESTABLISHMENT MAINTAINS A WRITTEN OPERATIONAL PROCEDURE. (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES' MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH TH BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT. OBSERVED FOOD EMPLOYEES TOUCHING READY TO EAT FOOD WITH THEIR BARE HANDS AND THE ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE. REPEAT VIOLATION. IR * denotes critical violation District: 05 Case Number: 2009045708 : License Type: 2010 License Number; 4800548 File Number: 204438 SONIC DRIVE IN

Docket for Case No: 10-002472
Source:  Florida - Division of Administrative Hearings

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