Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: MAIN GATE FLEA MARKET FOOD COURT NO. 1
Judges: ELIZABETH W. MCARTHUR
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Nov. 21, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 15, 2012.
Latest Update: Dec. 22, 2024
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vs. :
License Number. 5911115
MAIN GATE FLEA MARKET FOOD COURT #1 | icanse Type 2010
Respondent. : Case Number 2010055797
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against MAIN GATE FLEA MARKET FOOD
COURT #1, ("Respondent"), and says:
14. 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, 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 5407 W IRLO
BRONSON MEMORIAL HWY,-KISSIMMEE, FLORIDA 34746.The mailing address of record is MAIN
GATE FLEA MARKET FOOD COURT #1, at 212 RIOMENA COURT, ORLANDO, FLORIDA 32809,
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 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 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 November 08, 2010
Valerie Freeman, 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. 0487058
Department of Business & Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-2202
Certificate of Service
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
| HEREBY CERTIFY that.a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this. day of , 2010.
Received by:
Inspector's Signature Operator's Signature
Title Title
Case Number: 2010058797 File Number: 235995 District Number: 04
License Number: 5911115 2010 : Form revised 10.04.10
MAIN GATE FLEA MARKET FOOD COURT #1
Filed November 21, 2011 11:38 AM Division of Administrative Hearings
Exhibit A
License Number: 5911115
License Type: 2010 PERMANENT FOOD SERVICE
Case Number; 2010055797
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 April 23, 2010, October 19, 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 inspection(s) are attached hereto and
incorporated by reference as Exhibit B. :
* 4.02-06-1 3-501.17(F) FC:: (F) A REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS
FOOD INGREDIENT OR A PORTION OF A REFRIGERATED, READY-TO-EAT, POTENTIALLY
HAZARDOUS FOOD THAT IS SUBSEQUENTLY COMBINED WITH ADDITIONAL INGREDIENTS OR
PORTIONS OF FOOD SHALL RETAIN THE DATE MARKING OF THE EARLIEST-PREPARED OR FIRST-
PREPARED INGREDIENT.
THERE WAS COMBINED READY TO EAT POTENTIALLY HAZARDOUS FOOD HELD MORE THAN 24
HOURS WAS NOT DATE MARKED ACCORDING TO THE EARLIEST DATE OF
OPENING/PREPARATION,.
* 2.08A-20-1 3-306.11 FC:: FOOD DISPLAY. EXCEPT FOR NUTS IN THE SHELL AND WHOLE, RAW
FRUITS AND VEGETABLES THAT ARE INTENDED FOR HULLING, PEELING, OR WASHING BY THE
CONSUMER BEFORE CONSUMPTION, FOOD ON DISPLAY SHALL BE PROTECTED FROM
CONTAMINATION BY THE USE OF PACKAGING; COUNTER,.SERVICE LINE, OR SALAD BAR FOOD
GUARDS; DISPLAY CASES; OR OTHER EFFECTIVE MEANS.
SWEET COOKIES AND FRIED NOODLES WERE DISPLAYED WITHOUT PROPER PROTECTION FROM
POSSIBLE CONTAMINATION.
* 3,08A-28-1 3-305.11 FC:: FOOD STORAGE, (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B)
AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE
FOOD: (1) IN A CLEAN, DRY LOCATION; (2) WHERE IT 1S NOT EXPOSED TO SPLASH, ‘DUST, OR .
OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. (B) FOOD IN PACKAGES
AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON CASE
LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204.122. (C) PRESSURIZED
BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR
CANS, AND MILK CONTAINERS IN PLASTIC CRATES MAY BE-STORED ON A FLOOR THAT IS CLEAN
AND NOT EXPOSED TO FLOOR MOISTURE.
ON 4/23/10, ONIONS WERE STORED ON THE FLOOR. ON 10/19/10, ONIONS, SHELLED EGGS, AND
CABBAGE WERE STORED ON THE FLOOR.
* denotes critical violation District: 04
Case Number: 2010055797 License Type: 2010
License Number: 5911115 File Number: 235995
MAIN GATE FLEA MARKET FOOD COURT #1
Exhibit A
* 4,08A-29-1 3-302.11(A)(4) FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS
CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR
WRAPPINGS;
ON 4/23/10, ABAG OF VEGETABLES AND EGG BATTER WERE UNCOVERED IN THE REACH IN
COOLER. ALSO ON 10/19/10, THE NOODLES WERE UNCOVERED IN THE REACH IN COOLER.
5. 13-03-1 2-402.11 FC:: EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF
THIS SECTION, FOOD EMPLOYEES' SHALL WEAR HAIR RESTRAINTS SUCH AS HATS, HAIR
COVERINGS OR NETS, BEARD RESTRAINTS, AND CLOTHING THAT COVERS BODY HAIR, THAT ARE
DESIGNED AND WORN TO EFFECTIVELY KEEP THEIR HAIR FROM CONTACTING EXPOSED FOOD;
CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE- SERVICE AND SINGLE-USE |
ARTICLES. (B) THIS SECTION DOES NOT APPLY TO FOOD EMPLOYEES' SUCH AS COUNTER STAFF
WHO ONLY SERVE BEVERAGES AND WRAPPED OR PACKAGED FOODS, HOSTESSES, AND WAIT
STAFF IF THEY PRESENT A MINIMAL RISK OF CONTAMINATING EXPOSED FOOD; CLEAN
EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE
ARTICLES.
THERE WAS AN EMPLOYEE PREPARING FOOD WITHOUT A HAIR RESTRAINT.
6.21-12-1 3-304.14(B)(2) FC:: (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (2) WET
AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(D), STORED IN A CHEMICAL SANITIZER
AT A CONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM
FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT.
THERE WAS A WET WIPING CLOTH NOT STORED IN THE SANITIZING SOLUTION BETWEEN USES.
* 7, 22-28-1 4-601.11(A) FC: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE
CLEAN TO SIGHT AND TOUCH. .
THE INTERIOR OF THE REACH IN COOLER WAS SOILED WITH AN ACCUMULATION OF FOOD
RESIDUE.
8. 24-11-17 4-903.11(A) AND (B) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS
SECTION, CLEANED EQUIPMENT AND UTENSILS, LAUNDERED LINENS, AND SINGLE-SERVICE AND
SINGLE-USE ARTICLES SHALL BE STORED: (1) IN A CLEAN, DRY LOCATION; (2) WHERE THEY ARE
NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE
THE FLOOR. (B) CLEAN EQUIPMENT AND UTENSILS SHALL BE STORED AS SPECIFIED UNDER
PARAGRAPH (A) OF THIS SECTION AND SHALL BE STORED: (1) INA SELF-DRAINING POSITION THAT
ALLOWS AIR DRYING; AND (2) COVERED OR INVERTED.
SALAD BAR PLATES AND BOWLS WERE NOT PROPERLY PROTECTED OR INVERTED TO PREVENT
POSSIBLE CONTAMINATION.
9. 29-05-1 6-306.10 FC:: AVAILABILITY. A SERVICE SINK OR CURBED CLEANING FACILITY
SHALL BE PROVIDED AS SPECIFIED UNDER CHAPTER 5-203.13 FC; AND 5-203.13 FC: AT LEAST 1
SERVICE SINK OR 1 CURBED CLEANING FACILITY EQUIPPED WITH A FLOOR DRAIN SHALL BE
PROVIDED AND CONVENIENTLY LOCATED FOR THE CLEANING OF MOPS OR SIMILAR WET FLOOR
CLEANING TOOLS AND FOR THE DISPOSAL OF MOP WATER AND SIMILAR LIQUID WASTE.
THERE WAS NO MOP SINK INSTALLED OR AVAILABLE AT THE ESTABLISHMENT.
* denotes critical violation District: 04
Case Number: 2010055797 License Type: 2010
License Number: 5911115 File Number: 235995
MAIN GATE FLEA MARKET FOOD COURT #1
Exhibit A
10. 3613-1 6-601.12(A) FC (A) CLEANING; FREQUENCY AND RESTRICTIONS. THE PHYSICAL
FACILITIES SHALL BE CLEANED AS OFTEN AS NECESSARY TO KEEP THEM CLEAN. |
THERE WAS A GREASE ACCUMULATION UNDER THE COOKING EQUIPMENT.
* denotes critical violation . District: 04
Case Number: 2010055797 License Type: 2010
License Number: 5911115 File Number: 235995
MAIN GATE FLEA MARKET FOOD COURT #1
Docket for Case No: 11-005991
Issue Date |
Proceedings |
Feb. 16, 2012 |
Transmittal letter from Claudia Llado forwarding Petitioner's proposed exhibits, to the agency.
|
Feb. 15, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 15, 2012 |
Joint Motion to Relinquish Jurisdiction filed.
|
Feb. 06, 2012 |
Petitioner's Proposed Exhibits (exhibits not available for viewing) |
Feb. 03, 2012 |
Petitioner's Witness List filed.
|
Feb. 03, 2012 |
Transmittal Letter filed.
|
Feb. 03, 2012 |
Petitioner's (Proposed) Exhibit List filed.
|
Feb. 01, 2012 |
Petitioner's Notice of Scrivener's Error filed.
|
Dec. 14, 2011 |
Order of Pre-hearing Instructions.
|
Dec. 14, 2011 |
Notice of Hearing by Video Teleconference (hearing set for February 16, 2012; 10:00 a.m.; Orlando and Tallahassee, FL).
|
Nov. 22, 2011 |
Response to Initial Order filed.
|
Nov. 21, 2011 |
Initial Order.
|
Nov. 21, 2011 |
Agency referral filed.
|
Nov. 21, 2011 |
Election of Rights filed.
|
Nov. 21, 2011 |
Administrative Complaint filed.
|