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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs COMFORT SUITES VISIONS LOUNGE, 11-004999 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-004999 Visitors: 35
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: COMFORT SUITES VISIONS LOUNGE
Judges: R. BRUCE MCKIBBEN
Agency: Department of Business and Professional Regulation
Locations: Fort Myers, Florida
Filed: Sep. 27, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 5, 2011.

Latest Update: Nov. 05, 2024
. State of Florida Department of Business and Profe sional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Vs, COMFORT SUITES VISIONS LOUNGE rigense le ol Respondent Case Number 2010048956 Administrative Com faint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complail LOUNGE, (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the o| public food service establishments, pursuant to Section 20. | 2. Respondent is, and has been at all times material hereto, lic Division of Hotels and Restaurants. The respondent's busin t against COMFORT SUITES VISIONS eration of public lodging establishments and 65 and Chapter 509, Florida Statutes. lensed by or subject to the jurisdiction of the Jess address of record is 13651 INDIAN PAINT LN, FORT MYERS, FLORIDA 339121837.The mailing addyess of record is COMFORT SUITES VISIONS - LOUNGE, at 13651 INDIAN PAINT LN, FORT MYERS, FLORIDA 339121837. 3. 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 thereto governing operation of the establishment. The violation(s) found and gpplicable law are described in Exhibit “A,” attached hereto and incorporated herein by reference. Insp! incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Orde: ‘penalties: administrative fine not to exceed $1,000 per offense, ction documents are attached as Exhibit “B”, r imposing one or more of the following 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 September 30, 2010 ‘ Claudia Fie! . Deputy District Manager ~ By delegation of the Director, or designee Division of Hot Department of: 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 Is & Restaurants Business & Professional Regulation BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9845 5466 7968 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of Received by: Inspector's Signature Title Case Number: 2010048956 File Number: 125590 License Number: 4603901 2010 COMFORT SUITES VISIONS LOUNGE , 2010. Operator's Signature Tite District Number: 07 Form revised 10.15.09 Filed September 27, 2011 11:20 AM Division of Administrative Hearings Exhibit A License Number: 4603901 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010048956 Public Health Service, Food and Drug Administration, incorpora é “FC" as cited herein references specific provisions of the Food Code, Recommendations of the United States id by Chapter 61C, Florida Administrative t 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 P Administrative Code, and 61C-1,004(5), Florida Administrative “*" denotes a critical violation. It is alleged that on December 17, 2009, June 14, 2010, August Florida Statute 509(FS) and/or the Rules of the Division of Hotel: Code (FAC), in the following particulars. ‘Capy(s) of the report(s. attached hereto and incorporated by reference as Exhibit B. i * 4,08A-21-1 3-306.11 FC:, FOOD DISPLAY. EXCEPT FQ FRUITS AND VEGETABLES THAT ARE INTENDED FOR HUL! CONSUMER BEFORE CONSUMPTION, FOOD ON DISPLAY CONTAMINATION BY: THE USE OF PACKAGING; COUNTER, GUARDS; DISPLAY CASES, OR OTHER EFFECTIVE MEANS. evention, General Provisions”, Florida ‘ode. 9, 2010 the licensee was in violation of and Restaurants, Florida Administrative for the above referenced inspection(s) are R NUTS IN THE SHELL AND WHOLE, RAW ING, PEELING, OR WASHING BY THE SHALL BE PROTECTED FROM SERVICE LINE, OR SALAD BAR FOOD SELF-SERVICE BUFFET LACKING ADEQUATE SNEEZGUARDS OR OTHER PROPER PROTECTION FROM CONTAMINATION. CHAFER NEEDS PROTECTION S DIRECT LINE OF NOSE, MOUTH TO FOOD; ALSO WASHED NCE WHEN OPENED BY GUEST THERE IS APPLES AT BUFFET ARE EXPOSED - ARE CONSIDERED READY-TO-EAT ONCE WASHED. ON CALLBACK OBSERVED NO PROTECTION ON CHAFER, NEEDS PROTECTION WHEN OPENED. REPEAT 12/17/09. ; Case Number: 2010048956 — File Number: 125590 License Number: 4603901 2010 COMFORT SUITES VISIONS LOUNGE IOLATION CITED ON INSPECTION DATED District Number: 07 Form revised 10.15.09

Docket for Case No: 11-004999
Issue Date Proceedings
Oct. 05, 2011 Order Closing File. CASE CLOSED.
Oct. 04, 2011 Joint Motion to Relinquish Jurisdiction filed.
Sep. 27, 2011 Initial Order.
Sep. 27, 2011 Agency referral filed.
Sep. 27, 2011 Election of Rights filed.
Sep. 27, 2011 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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