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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs JACKY LEE'S, 11-000123 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-000123 Visitors: 11
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JACKY LEE'S
Judges: JOHN D. C. NEWTON, II
Agency: Department of Business and Professional Regulation
Locations: Fort Lauderdale, Florida
Filed: Jan. 10, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 28, 2011.

Latest Update: Dec. 25, 2024
Jan 10 2011 13:49 @1/10/2811 14:36 8584146749 DBPR OGA PAGE 493 State of Florida Department ot Business and Profes: ional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. ‘ License Number! 1613244 JACKY LEE'S Respondent License Type 2040 esp ri Case Number “penoerer Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against JACKY LEE'S, (“Respondent’), and says" 1. Petitioner is the state agency charged with regulating the opetation 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, licehsed by or Subject to the jurisdiction of the Division of Hotels and Restaurants. The tespondent's business address f recard ig 10422 W ATLANTIC BLVD, CORAL SPRINGS, FLORIDA 33071,The mailing addtess of recotd Is JACKY LEE'S, at 10422 w ATLANTIC BLVD, CORAL SPRINGS, FLORIDA 33071 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 violatian(s) found and applicable laware described in Exhibit "A," attached hereto and incorporated herein by reference. Inspection documénts are attached as Exhibit “8”, incorporated herein by reference or more of the following evocation, or refusal of a license 509, Florida Statutes, or the WHEREFORE, Petitioner fespecttully requests entry of an Order imposing o penalties: administrative fine not to exceed $1,000 per offense, suspension, issued pursuant to thls Chapter, and/or any other relief authorized by Chapte tules promulgated thereto. Signed February 23, 2010 i. I Ken Buck, Distribt Manager By delegation ofthe Directos, or designee Division of Hotels & Restaurants Department of Business & fofessional Regulation COUNSEL FOR THE DEPARTMENT: Mare Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Reguiation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: (HEREBY CERTIFY that a true and correct Copy of the foregaing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of . 2010. Nw y me L ry —_—t Received by’ Inspector's Signature Operator's SSS Tithe Case Number. 2010008761 File Number: 178343 District Number: 02 License Number: 1613244 2010 Form revised 10.15.09 JACKY LEE'S Jan 10 2011 13:49 81/18/2011 14:36 8504146749 DBPR OGA PAGE 04 Exhibit A License Number: 1613244 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010008764 “FC” as cited herein references specific provisions of the Food Ci . Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chaptet 61C, Florida Administrative Code. “NFPA” as cited herein references specific provisions of the National Fife Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, Geferal Provisions”, Florida Administrative Code, and 61G-1 .004(5), Florida Administrative Cote. “ denotes a critical violation. tis alleged that on August 11, 2009, February 2, 2010 the licansee Was in violation of Florida Statute S09(FS) and/or the Rules of the Division of Hotels and Restaurants, Moridd Administra ive Cade (FAC), in the following Particulars. Copy(s) of the report(s) for the abova referenced inspéction(s) are attached hereto and incorporated by reference as Exhibit B. * 4.02-22-1 3-501.17(A) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PRI PARED AND HELD INA DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW: (1) 41 DEGREES FAHRENHE!T OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL A. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS OOD PREPARED ON SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED,,..BATTERED COOKED CHICKEN, COOKED CHICKEN WINGS, AND EGGROLLS IN WALK-IN COOLER. 5B. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND FROZEN, NOT PROPERLY DATE MARKED...BATTERED SHRI PIN WALK-IN COOLER. £2. 08A-29-4 —3-302.11(A)(4) FC:: (A) FOOD SHALL BE PR TECTED FROM CROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES| COVERED CONTAINERS, OR WRAPPINGS; OBSERVED UNCOVERED FOOD IN HOLDING UNIT/ DRY STORAGE AREA...BATTERED CHICKEN, EGGROLLS, RAW CUT-UP CHICKEN, COOKED CHICKEN WINGS AND PREPARED VEGETABLES IN WALK-IN COOLER. * 3,09-01-1 3-301.11(B) FC:. (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302 15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES’ MAY DISPENSING EQUIPMENT, OBSERVED IMPROPER USE OF BOWL/ PLASTIC FOOD CONTAINER OR|OTHER CONTAINER WITH NO HANDLE USED TO DISPENSE READY-TO-EAT FOOD...DUCK SAUCE, IN OR DISPENSING, FOOD CONTAINER OF WATER IF 4. 10-07-1 3-304.12(F) FC: DURING PAUSES IN FOOD PREPARATI PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (F) IN THE WATER IS MAINTAINEO AT A TEMPERATURE OF AT LEAST 135 DE CONTAINER IS CLEANED AT A FREQUENCY SPECIFIED UNDER SUBPA OBSERVED IN-USE UTENSIL STORED (N STANDING WATER LESS THA FAHRENHEIT. | GRAPH 4-602.11(D)(7). 135 DEGREES i i Oistrict Number: 02 Form revised 10.15.09 Case Number: 2010008761 File Number: 178343 Lleanse Number, 1613244 2010 JACKY LEE'S

Docket for Case No: 11-000123
Source:  Florida - Division of Administrative Hearings

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