State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs.

HUDDLE HOUSE RESTAURANT #387

Respondent.

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License Number 3400137

License Type 2010

Case Number 2011046943

Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

r

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against HUDDLE HOUSE RESTAURANT

II O

1. 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 8191 SR 6 W, JASPER, FLORIDA 32052.The mailing address of record is HUDDLE HOUSE RESTAURANT #387, at PO BOX 385, BUFORD, GEORGIA 30515.

3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and I or the rules promulgated thereto governing operation of the establishment. The violation(s) found and applicable law is 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 October 26, 2011

Michelle Haynes,

By delegation of e 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:

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been

hand served by me on this     

Inspector's Signature

day of                                                      , 2011.

Received by;                             _ Operator's Signatur e

Title Title

Case Number: 2011046943 File Number: 222217

License Number: 3400137 2010

HUDDLE HOUSE RESTAURANT #387

District Number: 05

Form revised 09.10.11

Filed May 29, 2012 1:36 PM Division of Administrative Hearings

Exhibit A

License Number: 3400137

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2011046943

"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 September 23, 2010, June 13, 2011 the licensee was in violation of Florida Statute

S80(FS) a::df@l U-1e es oftlqo Di .ieic@R @f I l@t li arii liliS±illFBlillS, Elc:ida "dministE?til'Q Code (EOG) is 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. 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(8) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE.FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS;

OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41'F. CHILI IN SILVER UPRIGHT. ELEVEN CONTAINERS AT 47'F - SO'F. DISCARDED. REPEAT VIOLATION.

Case Number: 2011046943 File Number: 222217

License Number: 3400137 2010

HUDDLE HOUSE RESTAURANT #387

District Number: 05

Farm revised 09.10.11

Docket for Case No: 12-001933