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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs SUNSHINE CAFETERIA, 11-001227 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-001227 Visitors: 32
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: SUNSHINE CAFETERIA
Judges: PATRICIA M. HART
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Mar. 10, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 22, 2011.

Latest Update: Dec. 24, 2024
11001227AC-031011-14313631


03/10/2011 13:18

Mar 10 2011 12:33

8504145749 DBPR OGA


PAGE 03


State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

PetItIoner,

VS


SUNSHINE CAFETERIA

Respondent

                                          I


License Number 2317749

License Type 201O

Case Number 2010013413

Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

,

RESTAURANTS, ("Pet1t1oner"), files this Adm1n1stratIve Complaint against SUNSHINE CAFETERIA, ("Respondent"), and says

PetIt1oner 1s the state agency charged with regulating the operation of pubhc lodging establishments and pubhc food service establ1snments, pursuant to Section 20 165 and Chapter 509, Florida Statutes

  1. Respondent 1s, and has been at all times material hereto, licensed by or subJect to the 1unsd1clion of the

    DNis1on of Hotels and Restaurants The respondent's business address af record 1s 3690 NW 54 ST, MIAMI, FLORIDA 331423213 The mailing address of record 1s SUNSHINE CAFETERIA, at 3690 NW 54 ST, MIAMI, FLORIDA 331423213

  2. lnspecbon of this establishment conducted pursuant to Sec 609 032, Florida Statutes, revealed v1olat1ons of the prov1s1ons of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment The v1olabon(s) found and applicable law 1s described in Exh1b1t "A," attached hereto and incorporated herein by reference Inspection documents are attached as Exh1b1I "B", incorporated herein by reference

WHEREFORE, Pet1t1oner respectfully requests entry of an Order ImposIng one or more of the following penalties adm1n1stralive fine not to exceed $1,000 per offense, suspension, revocation, or refusal ot a license issued pursuant to this Chapter, and/or any other relief authonzed by Chapter 509, Florida Statutes, or the rules promulgated thereto

Signed March 17, 2010


COUNSEL FOR THE DEPARTMENT

Marc Drexler, Lead Attorney Florida Bar No 0487058

Shann1e Kallas, District Mal'lagar

By delegation of the D1reotor, or des1gnee D1v1s1on of Hotels & Restaurants

Department of Business & Profess1anal Regulation

Department of Business & Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-2202

Certificate of Service

BY CERTIFIED U.S. MAil-, ART/Cl-E NUMBER: 7160 39019841169220650

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been

hand served by me on this     


Inspector's Signature

day al                                                    ,2010

Received by                              Operator's Signature


Tille Title


Case Numhi,u 201001341:3 Fila Number 111000

Lu::ense Number 2317749 2010

SUNSHINE CAFETERIA

tstnctNumbeir 01

Form revised 1015 09


03/10/2011 13:18 8504145749

Mar 10 2011 12:33

DBPR OGA


PAGE 04


Exhibit A


License Number 2317749

License Type. 2010 PERMANENT FOOD SERVICE

Case Number 2010013413


"FC' as cited herein references specIfIc provIsIons of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Adm1mstratIon, incorporated by Chapter 61C, Flonda Adm1mstrat1ve Code "NFPA" as cited herein references spec1/1c prov1s1ons of the National Fire Protection ASsocIat1on Life Safety Code, incorporated by reference at Chapter 4A-3, "Fire Prevention, General Prov1sIons", Florida AdmIrnstrat1ve Code, and 61C-1 004(5), Florida Adm1mstratIve Code


"'" denotes a critical v1olatIon


It 1s alleged that on March 16, 201o, the licensee was in vIolatIon of Florida Statute 509(FS) and/or the Rules of the D1vIs1on of Hotels and Restaurants, Flonda AdmIn1strat1ve Code (FAC), In the followIng particulars Copy(s) of the report(s) for the above referenced 1nspect1on(s) are attached hereto and incorporated by reference as Exh1brt B


  • 1 35A-05-1 6-501 111 FC CONTROLLING PESTS THE PRESENCE OF INSEcrs, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES SY

(A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES, (8) ROUTINEL.Y INSPECTING THE PREMISES FOR EVIDENCE OF PESTS, (C) USING METHODS, IF PESTS ARE FOUND, SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202 12, 7-206 12, AND 7-206 13, AND (D) ELIMINATING HARBORAGE CONDITIONS


OBSERVED ROACH ACTIVITY AS EVIDENCED BY MORE THAN 34 LIVE ROACHES IN THE KITCHEN AREA.



case Nurnt,er 2010013413 File NLlmber 111000

ucanse Number 2317749 :2010

r.uNSHINE CAFJ;TEl'!IA


01$tr1ct Number 01

Form revised 10 15 09


Docket for Case No: 11-001227
Source:  Florida - Division of Administrative Hearings

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