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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs ISLAND RESTAURANT, 12-001197 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-001197 Visitors: 15
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: ISLAND RESTAURANT
Judges: ROBERT E. MEALE
Agency: Department of Business and Professional Regulation
Locations: Fort Lauderdale, Florida
Filed: Apr. 04, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 19, 2012.

Latest Update: Jul. 01, 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 1608817 ISLAND RESTAURANT License Type 2040 Respondent Case Number 2011034969 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against ISLAND RESTAURANT, (‘Respondent’), and says 1 Petitioner is the state agency charged with regulating the operation of public fodging 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 1s 665 SW 27 AVE #6, FORT LAUDERDALE, FLORIDA 33312 The mailing address of record is ISLAND RESTAURANT, at 665 SW 27 AVE 6, FORT LAUDERDALE, FLORIDA 33312 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 July 14, 2014 4 » ~ Ken Buck, 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 , 2011 Received by Inspector's Signature Operator's Signature Title Title Case Number 2011034969 File Number 248698 District Number 02 License Number 1608817 2010 Form revised 02 02 11 ISLAND RESTAURANT Filed April 4, 2012 12:07 PM Division of Administrative Hearings Exhibit A License Number 1608817 License Type 2010 PERMANENT FOOD SERVICE Case Number 2011034969 "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 1s alleged that on June 15, 2011, June 17, 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 * 4 03A-07-1 3-501 16(A) FC (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501 19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401 11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403 11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE, OR (2) ATA TEMPERATURE SPECIFIED IN THE FOLLOWING (A) 41 DEGREES FAHRENHEIT OR LESS, OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT: SEAFOOD, BEEF, SALADS - ALL AT 85 DEGREES FAHRENHEIT. * 2 04-01-1 4-30111FC COOLING, HEATING, AND HOLDING CAPACITIES EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3 OBSERVED COLD HOLDING EQUIPMENT INCAPABLE OF MAINTAINING POTENTIALLY HAZARDOUS FOOD AT PROPER TEMPERATURES: REACH-IN COOLER. Case Number 2011034969 File Number 248698 District Number 02 License Number 1608817 2010 Form revised 02 02 11 {SLAND RESTAURANT

Docket for Case No: 12-001197
Source:  Florida - Division of Administrative Hearings

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