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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs ORANGE SPRINGS RESTAURANT AND GRILL, 12-003831 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-003831 Visitors: 14
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: ORANGE SPRINGS RESTAURANT AND GRILL
Judges: W. DAVID WATKINS
Agency: Department of Business and Professional Regulation
Locations: Gainesville, Florida
Filed: Nov. 19, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 9, 2013.

Latest Update: Oct. 05, 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 5202430 (expired) ORANGE SPRINGS RESTAURANT & GRILL License Type 2010 = Case Number 2012037521 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against ORANGE SPRINGS RESTAURANT & GRILL, (“Respondent’), and says: 1. Paetitloneris 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 an establishment subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 12991 NE 245 ST ROAD, ORANGE SPRINGS, FLORIDA 32182,.The mailing address of record is ORANGE SPRINGS RESTAURANT & GRILL at 1443 SE 5 AVE, MELROSE, FLORIDA 32666. 3. A review of the licensure records of the Division of Hotels and Restaurants reveals that the licensure for this establishment has expired; however, the establishment has continued to operate, in violation of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto. The violation(s) 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 authorizad by Chaptes$09, Florida Statutes, or the rules promulgated thereto. Signed September 03, 2042 Michelle Haypeg, District Manager By delegatiorvef the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare 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: 7196 9008 9111 5024 8580 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2012, Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2012037521 — File Number: 235095 District Number: 05 License Number: 5202430 (expired) 2010 Form revised 09.10.11 ORANGE SPRINGS RESTAURANT & GRILL Filed November 19, 2012 2:12 PM Division of Administrative Hearings Exhibit A 1. Itis alleged that on August 14, 2012 the Respondent failed to renew a license to operate as required by ” law, After that date, and at all times material to this complaint, Respondent establishment operated without licensure, in violation of Florida Statute 509(FS), and/or Florida Administrative Code (FAC). Copies of the report(s) for the above referenced inspections, Exhibit B, are attached hereto and incorporated by reference. 2. Based on the foregoing, Respondent violated the following provisions of Chapter 509, Florida Statutes, or the rules promulgated thereto: §09.241(1) FS LICENSES; ANNUAL RENEWALS. ~ Each public lodging establishment and public food service establishment shall obtain a license from the division. Such license may not be transferred from one place or individual to another... Licenses shall be renewed annually, ... 61C-1,002(6) FAC Itis the responsibility of the licensee to renew the license prior to the expiration date. 8101 .002(6).FAC ......Any public-lodging-or-food-service-astablishment-operating-on.an-expired- license is deemed to be operating without a alicense, and subject to the penalties provided for this offense in law and rule. OBSERVED ESTABLISHMENT OPERATING WITHOUT A CURRENT HOTEL AND RESTAURANT LICENSE. LICENSE EXPIRED 6-1-12. Case Number: 2012037521 — File Number: 235095 District Number: 05 License Number: 5202430 (expired) 2010 Form revised 09.10.11 ORANGE SPRINGS RESTAURANT & GRILL

Docket for Case No: 12-003831
Issue Date Proceedings
Jan. 09, 2013 Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 09, 2013 Notice of Voluntary Dismissal filed.
Dec. 31, 2012 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Dec. 28, 2012 Petitioner's (Proposed) Exhibit List filed.
Dec. 28, 2012 Petitioner's Witness List filed.
Dec. 28, 2012 Transmittal Letter filed.
Nov. 28, 2012 Order of Pre-hearing Instructions.
Nov. 28, 2012 Notice of Hearing by Video Teleconference (hearing set for January 10, 2013; 9:30 a.m.; Gainesville and Tallahassee, FL).
Nov. 28, 2012 Order of Consolidation (DOAH Case Nos. 12-3757 and 12-3831).
Nov. 28, 2012 Notice of Transfer.
Nov. 27, 2012 Response to Initial Order filed.
Nov. 26, 2012 Respondent's Compliance with Initial Order filed.
Nov. 20, 2012 Initial Order.
Nov. 19, 2012 Petitioner's Motion to Consolidate filed.
Nov. 19, 2012 Agency referral filed.
Nov. 19, 2012 Election of Rights filed.
Nov. 19, 2012 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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