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8504145749 DBPR OGA

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State of Flori a

Department of Business and Pro esslonal Reg

lation

Division of Hotels and ,:, urants

DEPARTMENr OF BUSINE::SS AND PROFESSIONAL REGULATION

Petitioner,

vs,

MEGUMI JAPANESE RESTAURANT License Nume I· 6019291

License Type 2910

Respondent. Case Numbe 2010027728

                                              ,/ d inistra· 9 Co l int

The DEPARTMENT OF BUSINESS AND PROFESSIONAL R G LATION, !VISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Compl in against M GUMI JAPANESE RESTAURANT, ("Respondent"), and says: J

1. Petitioner is the state agency charged with regulating the pe[ation of pu lie lodging eslablishments and public food service est:;,t,llshments, pursuant to Section 20 1 5 and Chap er 509, Florida Statutes.

2. Respondent is, and has been at all times material hereto, I cersed by or ubject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's bus ne,ss address f record is 113g5 W PALMETTO PARK RD STE-D, BOCA RATON, FLORIDA 33428.The ailing address of record is MEGUMI JAPANESE RESTAURANT, at 12530 SW 7TH PLACE, F Rf LAUDER ALE, FLORIDA 33325.

3. Inspection of this establishment conducted pursuant to Se . 09.032, Flo ida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and I or he rules prom !gated 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. Ins edion docum nts are attached as Exhibit "B",

incorporated herein by reference. I

WHEREFORE, Petitioner respectfully requests entry of an Ord r imposing on or more of the following penalties: administrative fine not to exceed $1,000 per offens , suspension, r vocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief au ri ed by Chapter 509, Florida St;;,Me., or the

N--....

rules promulgated thereto. l

Signed June 03, 2010

cKce-n'B-u'c-k,-D-i-t=ri,d-l M-:an-a-g-e-r =+-,-b.---+-------

By delegation of the Director or designee Division of Ho elJ & Restaur nls

Dep;;,rtment o B slness & P ofessional Regulation

COUNSEL FOR THE DEPARTMENT:

Marc Drexler, Lead Attorney Florid:;, Bar No. 0487058

Department of Business & Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-2:202

Certificate of Service

BY CERTIFIED U.S. MAIL, ARTICLE NUM/3ER:

I HEREBY CERTIFY that a true and correct copy of the foregoi

DMINIST TIVE COMPLAINT has been

hand served by me on this     

Inspector's Signature Title

day of--------+--+ ' 201o.

Receivedb '-'-----,--,+ ­

Ille

District N1)mber: 02 Form revised 1D.15,09

- perator's S gnature

Ca e Number: 2010027128 File Number; 237466 Ll l'l O NumMr: 6019291 2010

MeGl,IMI JAPAN SE RESTAURANT

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Exhibit A

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8504145749 DBPR OGA

PAGE 04

License Number: 6019291

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2010027728

"FC" as cited herein references specific provisions of the Foo C de, Recommendations of the United States Public Health Service, Food and Drug Administration, incorpor t by Chapt r 61C, Florida Administrative Code. "NFPA" as cited herein references specific provisions o thy National F re Protection Association Life Safety Code, Incorporated by reference at Chapter 4A-3, "Fire Prevention, G neral Provisions", Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code.

,..,, denotes a critical violation.

It is alleged that on May 6, 2010 the licensee was in violation F orida Statu·t 509(FS) and/or the Rules of the

Division of Hotels and Restaurants, Florida Administrative Cod (f AC), in the following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attach d ereto and i corporated by reference as Exhibit B.

• 1. 52-01"1 509.292(1) FS:: (1) AN OPERATOR MAY N T NOWING AND WILLFULLY MISREPRESENT THE IDENTITY OF ANY FOOD OR FOOD RbDUCT TO NY OF THE: PATRONS OF

SUCH ESTABLISHMENT. THE IDENTITY OF FOOD OR AF do PRODU TIS MISREPRESENTED IF:

(A) THE DESCRIPTION OF THE FOOD OR FOOD PRODUC IS FALSE O MISLEADING IN ANY PARTICULAR; (B) THE FOOD OR FOOD PRODUCT IS SER Eib, SOLD, 0 DISTRIBUTED UNDER THE NAME OF ANOTHER FOOD OR FOOD PRODUCT; OR (C) T FOOD OR OOD PRODUCT PURPORTS TO BE OR IS REPRESENTED AS A FOOD OR FOOD PROD C:T THAT D ES NOT CONFORM TO A DEFINITION OF IDENTITY AND STANDARD OF QUALITY IF SUICH DEFIN TION OF IDENTITY AND STANDARD OF QUALITY HAS BEEN ESTABLISHED BY CU TOM AND U AGE.

OBSERVED THE IDENTITY OF FOOD OR FOOD PRODUCT M SREPRES NTED...IMITATION CRAB MISREPRESENTED AS CRAB,

Caso Numb..-, 2010027728 File Numberc 237466

Ucens Number: 8019291 2010

MEGUMI JAPANESE f< STAURANT

District Number: 02

Form revlsE!d 10.15.09

Docket for Case No: 11-002987