Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GREEN PARROT BAR AND GRILL
Judges: ELIZABETH W. MCARTHUR
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Feb. 27, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 5, 2012.
Latest Update: Nov. 20, 2024
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vs,
GREEN PARROT BAR & GRILL License Number gate tes
Respondent. icense lype
/ Case Number 2011023053
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against GREEN PARROT 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 tbSection 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 11759 N DALE
MABRY HWY, TAMPA, FLORIDA 33618.The mailing address of record is GREEN PARROT BAR &
GRILL, at 11759 N DALE MABRY HWY, TAMPA, FLORIDA 33618.
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, -
Joe Perez, District Manager
Signed May 03, 20
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 i
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 , 2011.
Received by:
Inspector's Signature sep Gy Ms. ¢ Operator's Signature
Title Title
Case Number: 2011023053 File Number: 236556 District Number: 03
License Number: 3906168 2010 Form revised 02.02.11
GREEN PARROT BAR & GRILL
Filed February 27, 2012 3:31 PM Division of Administrative Hearings
Exhibit A
License Number: 3906168 a
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2011023053
“EC” 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 44-3, “Fire Prevention, General Provisions”, Florida
Administrative Code, and 61C-1,004(5), Florida Administrative Code.
“* denotes a critical violation.
Itis alleged that on June 3, 2010, August 12, 2010, Novernber 5, 2010, January 12, 2011, April 19, 2011 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.
1,29-17-1 5202.14 FC:: APPROVED SYSTEM AND CLEANABLE FIXTURES. (A) A PLUMBING
SYSTEM SHALL BE DESIGNED, CONSTRUCTED, AND INSTALLED ACCORDING TO LAW. (B) A
PLUMBING FIXTURE SUCH AS A HANDWASHING FACILITY, TOILET, OR URINAL SHALL BE EASILY
CLEANABLE.
WASTE LINE MISSING AT SODA GUN HOLSTER.
2, 37-131 61C-1.004(6) FAC: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS
AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS.
A. OBSERVED HOLE IN CEILING.
B. CEILING TILE MISSING.
3, 38-07-1 6-202.11FC:: LIGHT BULBS, PROTECTIVE SHIELDING. (A) EXCEPT AS SPECIFIED IN
PARAGRAPH (B) OF THIS SECTION, LIGHT BULBS SHALL BE SHIELDED, COATED, OR OTHERWISE
SHATTER-RESISTANT IN AREAS WHERE THERE IS EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS,
AND LINENS: OR UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. (B) SHIELDED,
COATED, OR OTHERWISE SHATTER-RESISTANT-BULBS NEED NOT BE USED IN AREAS USED ONLY
FOR STORING FOOD IN UNOPENED PACKAGES, IF: (1) THE INTEGRITY OF THE PACKAGES CAN NOT
BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM; AND (2) THE PACKAGES ARE CAPABLE OF
BEING CLEANED OF DEBRIS FROM BROKEN BULBS BEFORE THE PACKAGES ARE OPENED. (C) AN
INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED AGAINST BREAKAGE BY A SHIELD
SURROUNDING AND EXTENDING BEYOND THE BULB SO THAT ONLY THE FACE OF THE BULB IS
EXPOSED.
LIGHTS MISSING THE PROPER SHIELD, SLEEVE COATINGS OR COVERS; AREA OVER ICE MAKER,
OBSERVED 6/3/10, 8/12/10, 11/5/10 AND 4/19/11.
4.51-16-1 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 ACCORDANGE. 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 AND RENOVATIONS OBSERVED; OBSERVED THREE
COMPARTMENT SINK MOVED. .
Case Number: 2011023053 File Number: 236556 . . District Number: 03
License Number: 3906168 2010 Form revised 02.02.11
GREEN PARROT BAR & GRILL
Docket for Case No: 12-000775