Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CHAVEZ AT HOME
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Oct. 18, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 6, 2010.
Latest Update: Dec. 22, 2024
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Oct 18 2010 16:32
PAGE
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
v8.
License Number. 3908032
CHAVEZ AT HOME ent License Type 2010
espondent. Case Number 2009060958
—_—_
Administrative Complaint
The DEPARTMENT OF BUSINESS ANO PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner"), files this Administrative Complaint against CHAVEZ AT HOME,
(‘Respondent’), and says:
4. 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 of subject to the jurisdiction of the
Division of Motels and Restaurants. The respondent's business address of record is 1350 S HOWARD
AVE, TAMPA, FLORIDA 336068.The mailing address of record is CHAVEZ AT HOME, at 1350 5
HOWARD AVE, TAMPA, FLORIDA 33606.
3. Inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, revealed violatians
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 "8",
incorporated herein by reference.
WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following
penalties: administrative fine not fo exceed $1,000 per offense, suspension, revocation, or refusal of a license
issued pursuant to this Chapter, and/ar any other relief authorized by Chapter 509, Florida Statutes, or the
rules promulgated thereto.
Signed November 23. 100! e
cate
Joe Perez, Distric ager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Marc Drexler, Lead Attorney
Florida Bar No. 0487058
Department of Business & Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-2202
WE 83? 8779
Certificate of Service 7 ae j
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: a on ce
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE GOMPLAINT has beeti
, 2009.
hand served by me on this day af
r
Received by:
Inspector's Signature Operator's Signature
Title Title
Case Numban 2008060958 Fila Number; 192400 Distrlet Number, 03
Licensa Number: 3808032 2010 Form revised 10.15.09
CHAVEZ AT HOME
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Exhibit A
License Number: 3906032
License Type: 2010 PERMANENT FOOD SERVICE
Case Number. 2009060058
"EC" as cited herein references specific provisions of the Food Gode, Recommendations of tha 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 Code.
“ denotes a critical violation.
Ibis alleged that on September 9, 2009, November 10, 2009 the licensee was in violation af 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 ingpection(s) are attached hereto and
incorporated by reference as Exhibit B.
* 4. 08A-28-1 3-305.11FC:; FOOD STORAGE. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (8) AND
(C} OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE
FOOD: (1}IN A CLEAN, ORY LOCATION; (2) WHERE IT IS NOT EXPOSED TO SPLASH, DUST, OR
OTHER CONTAMINATION: AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. {B) FOOD IN PACKAGES
AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON CASE
LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204.122. (C) PRESSURIZED
BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR
CANS, AND MILK CONTAINERS IN PLASTIC CRATES MAY BE STORED ON A FLOOR THAT IS CLEAN
AND NOT EXPOSED TO FLOOR MGISTURE.
OBSERVED FOOD STORED ON FLOOR.
* 222-291 4-601.11(A) FO: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE
CLEAN TO SIGHT AND TOUCH.
OBSERVED ENCRUSTED MATERIAL ON GAN OPENER,
3. 36-13-14 6-501.12(A) FC: (A) CLEANING, FREQUENCY AND RESTRICTIONS, THE PHYSICAL
FACILITIES SHALL BE CLEANED AS OFTEN AS NECESSARY TO KEEP THEM CLEAN.
OBSERVED GREASE ACCUMULATED UNDER COOKING EQUIPMENT.
Cage Number: 2009060055 File Number: 192400 District Number: 03
License Number: 3906032 2010 Form revised 19, 15.08
CHAVEZ AT HOME
Docket for Case No: 10-009756
Issue Date |
Proceedings |
Dec. 06, 2010 |
Joint Motion to Relinquish Jurisdiction filed.
|
Dec. 06, 2010 |
Order Closing File. CASE CLOSED.
|
Dec. 01, 2010 |
Amended Notice of Hearing by Video Teleconference (hearing set for December 14, 2010; 9:30 a.m.; Tampa and Tallahassee, FL; amended as to video teleconference and hearing locations).
|
Oct. 28, 2010 |
Order of Pre-hearing Instructions.
|
Oct. 28, 2010 |
Notice of Telephonic Final Hearing (hearing set for December 14, 2010; 9:30 a.m.).
|
Oct. 25, 2010 |
Response to Initial Order filed.
|
Oct. 19, 2010 |
Initial Order.
|
Oct. 18, 2010 |
Election of Rights filed.
|
Oct. 18, 2010 |
Administrative Complaint filed.
|
Oct. 18, 2010 |
Agency referral filed.
|