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: Dec. 25, 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.
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Nov. 26, 2012 |
Respondent's Compliance with Initial Order filed.
|
Nov. 20, 2012 |
Initial Order.
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Nov. 19, 2012 |
Petitioner's Motion to Consolidate filed.
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Nov. 19, 2012 |
Agency referral filed.
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Nov. 19, 2012 |
Election of Rights filed.
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Nov. 19, 2012 |
Administrative Complaint filed.
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