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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs QUALITY INN OF ALACHUA, 11-000124 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-000124 Visitors: 17
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: QUALITY INN OF ALACHUA
Judges: THOMAS P. CRAPPS
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Jan. 10, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 17, 2011.

Latest Update: Jun. 13, 2024
Jan 10 2011 13:54 61/16/2811 14:41 8504146749 DBPR OGA PAGE @2 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. QUALITY INN OF ALACHUA rigense ry 501 1103068 Respondent. Case Number 2010010193 } Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against QUALITY INN OF ALACHUA, (‘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 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 15960 NW US HWY 441, ALACHUA, FLORIDA 32615.The mailing address of record is QUALITY INN OF ALACHUA, at 15960 NW US HWY 441, ALACHUA, FLORIDA 32615. 3. Inspection of thls establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter S09, 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 one or more of the follawing penaltias; administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509. Florida Statutes, or the tules promulgated thereto. Signed March 03, 2010 Steven von Bodungen, District Manager 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 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9848 6303 3983 | HEREBY CERTIFY that a true and correct copy of the foragoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of . 2010. ee Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2010010183 File Number: 196256 District Number: 0S Form revised 10.15.08 Ucenge Number. 1103069 2010 QUALITY INN OF ALACHUA 01/18/2011 14:41 8504146749 Exhibil A License Number: 1103069 License Type: 2010 PERMANENT FOOD SERVICE Case Number. 2010010193 Jan 10 2011 13:54 DBPR OGA PAGE FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administra jon, incorporated by Chapter 61C, Florida Administrative Code. NFPA as cited herein references specific ptovisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapt Administrative Code, and 61C-1.004(5), Florida A * denotes a critical violation. 4A-3, Fire Prevention, General Provisions, Florida ministrative Code. Itis alleged that on August 4, 2009, August 5, 2009, October 5, 2009, February 8, 2010 the licensee was in violation of Florida Statute 509(FS) and/or the Rul Administrative Cade (FAC), in the following parti inspection(s) are attached herelo and incorporated " 1,03A-07-1 3-501.16(A) FC:: 6 of the Division of Hotels and Restaurants, Florida lars. Copy(s) of the report(s) for the above referenced by reference as Exhibit B. (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH @ ) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(B) OR SHALL BE MAINTAINED: (1) AT 135 FORA The SPeCIeD OR ABOVE, EXCEPT THAT ROASTS REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY 8E HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) ATA TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F. WHIPPED BUTTER MARGARINE BLEND 58°F, WAFFLE B EGGS 52°F IN REACH-IN COOLER. REPEAT VI FOOD DISPLAY| * 2. 08A-21-1 3-306.11 FC:: TYER 56°F ON SELF SERVICE BREAKFAST BAR. LATION. INSPECTIONS DATED 08/04/09 AND 02/08/10. EXCEPT FOR NUTS IN THE SHELL AND WHOLE, RAW FRUITS AND VEGETABLES THAT ARE INTENDED FOR HULLING. PEELING, OR WASHING BY THE CONTAMINATION BY THE USE OF PACKAGING! GUARDS, DISPLAY CASES; OR OTHER EFFEC CONSUMER BEFORE CONSUMPTION, FOOD er OISPLAY SHALL BE PROTECTED FROM | COUNTER, SERVICE LINE, OR SALAD BAR FOOD IVE MEANS. OBSERVED SELF-SERVICE SALAD BAR/BUFFET LACKING ADEQUATE SNEEZE GUARDS OR OTHER PROPER PROTECTION FROM CONTAMINATION. BREADS AND PASTRY. REPEAT VIOLATION. " 3.17-07-1 4-302.14 FC: SANITIZING SOLUTIONS, TESTING DEVICES. A TEST KIT OR OTHER DEVICE THAT ACCURATELY MEASURES THE CONCENTRATION IN MILLIGRAMS PER LITER OF SANITIZING SOLUTIONS SHALL BE PROVIDED. OBSERVED NO CHEMICAL TEST KIT PROVIDED WHEN USING CHEMICAL SANITIZER AT THREE COMPARTMENT SINKAVAREWASHING MACHINE. ESTABLISHMENT USES QUARTERNARY SANITIZER BUT HAS CHLORINE TEST STRIPS. VIOLATION, ” 4A. 32-15-1 POSTER THAT NOTIFIED FOOD EMPLOYEES’ HANDWASHING LAVATORIES USED BY FOOD FOOD EMPLOYEES’. 6-301.14 FC AND MPLOYEES TB FAC:: PROPER STRIPS NOT AVAILABLE. REPEAT HANDWASHING SIGNAGE. A SIGN OR WASH THEIR HANDS SHALL BE POSTED AT ALL MPLOYEES' AND SHALL BE CLEARLY VISIBLE TO OBSERVED NO HANDWASHING SIGN PROVIDED AT A HANDSINK USED BY FOOD EMPLOYEES PREP SINK AREA. REPEAT VIOLATION. * 4B. 32-16-1 6-301.12 FC:: GROUP OF ADJACENT LAVATORIES SHALL BE * denotes critical violation Case Number: 2010010193 License Number: 1703069 QUALITY INN OF ALACHUA HAND DRYING PROVISION. EACH HANDWASHING LAVATORY OR PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE District: 05 License Type: 2010 File Number: 196256 63 Jan 10 2011 13:55 @1/18/2@11 14:41 8504146749 DBPR OGA PAGE Exhibit A TOWELS; (B) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL; OR (C)-A HEATED-AIR HAND DRYING DEVICE. OBSERVED HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS, PREP SINK AREA. | REPEAT VIOLATION. INSPECTIONS DATED 08/04/09 AND 02/08/10. * 5, 53A-07-1 61C-4.023(1) FAC:: (1) EACH LICENSED ESTABLISHMENT SHALL HAVE A MINIMUM OF ONE CERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL PERIODS OF OPERATION. OBSERVED NO CERTIFIED FOOD MANAGER FOR ESTABLISHMENT. REPEAT VIOLATION. — INSPECTIONS DATED 08/04/09 AND 02/08/10, * 6.53B-08-1 509.049FS: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 14, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. REPEAT VIOLATION. INSPECTIONS DATED 08/04/09, 08/05/09 AND 02/08/10. * denotes critical violation ; District: 05 Case Number: 2010010193 License Type. 2010 File Number: 196256 License Number: 1103069 QUALITY INN OF ALACHUA a4

Docket for Case No: 11-000124
Issue Date Proceedings
Feb. 17, 2011 Order Closing Files. CASE CLOSED.
Feb. 15, 2011 Joint Motion to Relinquish Jurisdiction filed.
Feb. 14, 2011 CASE STATUS: Pre-Hearing Conference Held.
Feb. 08, 2011 Response to Order of Pre-hearing Instructions filed.
Jan. 26, 2011 Order Allowing Testimony by Telephone.
Jan. 26, 2011 Order of Pre-hearing Instructions.
Jan. 26, 2011 Notice of Hearing (hearing set for February 24, 2011; 9:30 a.m.; Tallahassee, FL).
Jan. 26, 2011 Order (enclosing rules regarding qualified representatives).
Jan. 26, 2011 Order of Consolidation (DOAH Case Nos. 11-0124, 11-0181).
Jan. 14, 2011 Response to Initial Order filed.
Jan. 11, 2011 Petitioner's Motion to Consolidate filed.
Jan. 11, 2011 Initial Order.
Jan. 10, 2011 Election of Rights filed.
Jan. 10, 2011 Administrative Complaint filed.
Jan. 10, 2011 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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