Jun 6 2011 13:04

05/05/2011 13:49 8504145749 DBPR OGA PAGE 03

Stale of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

VS,

CAPTAIN'S PIZZA RESTAURANT

Respondent

/

License Number 6211259 (expired) License Type 2□1a

Case Number 2010024760

Administrative Complaint

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

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against CAPTAIN'S PIZZA RESTAURANT, ("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 an establishment subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record Is 462 MANDALAY AVE, CLEARWATER BCH, FLORIDA 33757.The mailing address of record is CAPTAIN'S PIZZA RESTAURANT al 462 MANDALAY AVE, CLEARWATER BCH, FLORIDA 33767.

3. A review of the licensure records of the Division of Hotels and Restaurants reveals that the licensure for this establishment has expired; however, the establishment has continued to operate, in violation of the provisions of Chapter 509, Florida Statutes, and I or the rules promulgated thereto. The violation(s) 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.

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WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: 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

rules promulgated thereto.              Signed May 17, 2"(      

. ::::=:::::-....

Joe. Perez, 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. 04B705B

Department of Business & Professional Regulation -~ =~=

1940 North Monroe-Street  RG\hf.i\frfiitiiff.ffi$"',.;:;\

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Tallahassee Florida 32399-2202    'iW?!'27:/'.  ,J,',U

' 716 39 1 9848 6709 9388

Certificate of Service       #VJi'a

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:    ;S'f    .{P

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

hand served by me on this     

Inspector's Signature

day of                                                         ,2010.

Received by:.                                                              _ Operator's Signature

Title Title

C••• Numbor: 2010024760 File Number: 141492

License Numbec 6211259 (expired) 2010 CAPTAIN'S PlllA RESTAURANT

District Number; 03

i:orm revised 10.1.5,09

Jun 6 2011 13:04

05/05/2011 13:49 8504145749 DBPR OGA PAGE 04

Exhibit A

1, 11 is alleged that on March 18, 2010 the Respondent failed to renew a license to operate as required by law. After that date, and at all times material to this complaint, Respondent establishment operated without Jicensure, in violation of Florida Statute 509(FS), and/or Florida Administrative Code (FAC), Copies of the report(s) for the above referenced inspections, Exhibit B, are attached hereto and incorporated by reference,

2, Based on the foregoing, Respomlent violated the fol/owing provisions of Chapter 509, Florida Statutes, or the rules promulgated thereto:

509.241(1) FS LICENSES; ANNUAL RENEWALS, - Each public lodging establishment and public food service establishment shall obtain a license from the division. Such license may not be transferred from one place or individual to another. , . Licenses shall be renewed annually, .

61C-1,002(6) FAC It is the responsibility of the licensee to renew the license prior to the expiration date.

61C-1.002(6) FAC ...Any public lodging or food service establishment operating on an expired license is deemed to be operating without a license, and subject to the penalties provided for this offense in law and rule,

ESTABLISHMENT OPERATING WITHOUT A CURRENT HOTEL ANO RESTAURANT LICENSE, EXPIRED 2/1/009; LICENSE RENEWAL PAYMENT SHORT $273.00

co.. Number: 2010024760 File Number: 141492

lioon•• Number: 8211259 (o•plrad) 2010

CAPTAIN'S PIZZA RESTAURANT

Dlstrlcl Number. 03

Form revls•d 10,15,09

Docket for Case No: 11-002811