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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CLAWDADDYS RAW BAR AND GRILL, 11-002261 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-002261 Visitors: 5
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CLAWDADDYS RAW BAR AND GRILL
Judges: JAMES H. PETERSON, III
Agency: Department of Business and Professional Regulation
Locations: Crystal River, Florida
Filed: May 05, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 16, 2011.

Latest Update: Mar. 05, 2025
11002261AC-050511-13052205


05/05/2011 11:27

Ma 5 2011 10:41

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,


CLAWDADDYS RAW BAR & GRILL

Respondent.

--------''


License Number. 1901235

License Type 2010

Case Number 2010016601

Administrative Complaint

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

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against CLAWDADDYS RAW BAR &

GRILL, ("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.

  1. Respondent is, and has been at all 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 1601 SE HWY 19, CRYSTAL RIVER, FLORIDA 34429.The mailing address of record is CLAWDAODYS RAW BAR & GRILL, at P.0.BOX 907, CRYSTAL RIVER, FLORIDA 34423.

  2. 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 th£'lreto 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 following penalties: administrative fine not to exceed $1,000 er offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, end/or any er relief au · ed by Cha ter 509, Florida Statutes, or the rules promulgated thereto.

    Signed April 12, 010



    COUNSEL FOR THE DEPARTMENT:

    Marc Drexler, Lead Attorney Florida Bar No. 0487058

    oe erez, Dis ct Manager

    By delegation of the Director, or designee Division of Hotels & Restaurants

    Department of Business & Professional Regulation

    p j

    Department of Business & Professional Regulation --=...,..,,,. ,

    1940 North Monr e Street

    Tallahasse,;,, Florida 32399-2202 -' - - - - ,,_ 9 2

    7160 3 01 9S48 6?09 c 9         

    Certific te of Service l}if.&,f.\!Eiqi .\,:;,TI!

    BY CERTIFIEO U.S. MAIL, ARTICLE NUMBER: &.,,.r: 4:,i" j,'i;'9}'

    IHEREBY CERTIFY that a true and correct copy of the foregoing ADMINISiRATIVE COMPLAINT has been

    hand served by me on this     


    Inspector's Signature

    day of                                                          ,2010.


    Received by:..,,...---,-=-.,.. ­

    Operator's Signature


    Title Title


    Caso Number: 2010018801 File Numbor; D7505 Licon;• Number: 19012J5 2010

    CI.AWDADDYS RAW BAR I!. GRILL

    District Number: 03

    Form ravi ed 10.15.09


    05/05/2011 11:27

    Ma 5 2011 10:41

    8504145749 DBPR OGA


    PAGE 04


    Exhibit A


    License Number: 1901235

    License Type: 201O PERMANENT FOOD SERVICE

    Case Number: 2010018801


    FC as cited herein references specific provisions of the Food Code, Recommendations of the 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.


      It is alleged that on May 13, 2009, September 10, 2009, April 2, 2010 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code

      {FAC), in the following particulars. Copy(s) of the report(s) for the above referenced lnspection(s) are attached hereto and incorporated by reference as Exhibit 8.


      1. 23-08-1 4-601.11(C) FC:: (C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS.

OBSERVED SODA GUN HOLSTER WITH ACCUMULATED SLIME/DEBRIS, OBSERVED 5113/09 AND 4/211o.

  • 2. 35B"15-1 61C-1.004(6) FAC:: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. OBSERVED SCREEN IN DOOR TORN/IN POOR REPAIR. OBSERVED 5113109 AND 412110,


    3A. 51-16-1 61C-1.002(6)(C)(1) FAC:: (1) THE OPERATOR OF EACH PUBLIC FOOD SERVICE ESTABLISHMENT TO BE NEWLY CONSTRUCTED, REMODELED, CONVERTED, OR REOPENED SHALL SUBMIT PROPERLY PREPARED FACILITY PLANS AND SPECIFICATIONS TO THE DIVISION FOR REVIEW AND APPROVAL IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 509, FS, AND RULE CHAPTERS 61C"1 AND 61C"4, FAC. SUCH PLANS MUST BE APPROVED BY THE DIVISION PRIOR TO CONSTRUCTION, REMODELING, CONVERSION, SCHEDULING OF AN OPENING INSPECTION AND LICENSING.

    NO PLAN REVIEW SUBMITTED/APPROVED FOR OPEN AIR SMOKER OBSERVED IN USE.


    38, 51-11-1 61C-1.004(9)(D) FAC:: (D) CARBON DIOXIDE AND HELIUM TANKS SHALL BE ADEQUATELY SECURED SO AS TO PRECLUDE ANY DANGER TO SAFETY.

    CARBON DIOXIDE/HELIUM TANKS NOT ADEQUATELY SECURED.



  • denotes critical violation Case Number: 2010018801 License Number: 1901235

CLAWDADDYS RAW BAR & GRILL


District: 03 License Type: 201o File Number: 207505


Docket for Case No: 11-002261
Source:  Florida - Division of Administrative Hearings

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