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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs SARKU JAPAN, 12-003872 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-003872 Visitors: 36
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: SARKU JAPAN
Judges: BARBARA J. STAROS
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Nov. 29, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, March 1, 2013.

Latest Update: Dec. 22, 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 4702998 SARKU JAPAN R License Type 2010 sspondent, Case Number 2012026882 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against SARKU JAPAN, (“Respondent’), and says: 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 2415 N MONROE ST STE FC3, TALLAHASSEE, FLORIDA 32303.The mailing address of record is SARKU JAPAN, at 2415 N MONROE ST STE FC3, TALLAHASSEE, FLORIDA 32303. 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 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 June 12, 2012 . CLARA MAL Ken\densdill, District Mahager By delegation of the Dirégtor, 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:_7196 9008 9111 0767 0679 | 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: re " inspector's Signature : Operator's Signature Title Title Case Number: 2012026682 File Number: 230533 District Number: 06 License Number: 4702998 2010 Form revised 09.10.11 SARKU JAPAN Filed November 29, 2012 4:57 PM Division of Administrative Hearings ~ Exhibit A License‘Number: 4702998 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012026682 “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 June 6, 2012 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. 1.513101 609.032(2)(B) FS_FOR PURPOSES OF PERFORMING REQUIRED INSPECTIONS AND THE ENFORCEMENT OF THIS CHAPTER, THE DIVISION HAS THE RIGHT OF ENTRY AND ACCESS TO PUBLIC LODGING ESTABLISHMENTS AND PUBLIC FOOD SERVICE ESTABLISHMENTS AT ANY REASONABLE TIME. OBSERVED INTERFERENCE / OBSTRUCTION WITH THE INSPECTOR'S RIGHT OF ENTRY AND ACCESS AT ANY REASONABLE TIME; OPERATOR SHOVED INSPECTOR INTO THE WALK IN COOLER AND LOCKED THE DOOR. Case Number: 2012026682 File Number: 230533 Distrlet Number: 06 License Number: 4702988 2010 Form revised 09.10.11 SARKU JAPAN

Docket for Case No: 12-003872
Issue Date Proceedings
Mar. 04, 2013 Transmittal letter from Claudia Llado forwarding the one-volume Transcript, along with Petitioner's Proposed Exhibits numbered 1-3, to the agency.
Mar. 01, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 28, 2013 Joint Motion to Relinquish Jurisdiction filed.
Feb. 25, 2013 Petitioner's Proposed Recommended Order filed.
Feb. 15, 2013 Transcript of Proceedings (not available for viewing) filed.
Feb. 06, 2013 CASE STATUS: Hearing Held.
Feb. 01, 2013 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Jan. 30, 2013 Transmittal Letter filed.
Jan. 30, 2013 Petitioner's Witness List filed.
Jan. 30, 2013 Petitioner's (Proposed) Exhibit List filed.
Dec. 04, 2012 Order of Pre-hearing Instructions.
Dec. 04, 2012 Notice of Hearing (hearing set for February 6, 2013; 1:00 p.m.; Tallahassee, FL).
Dec. 03, 2012 Response to Initial Order filed.
Nov. 30, 2012 Initial Order.
Nov. 29, 2012 Agency referral filed.
Nov. 29, 2012 Election of Rights filed.
Nov. 29, 2012 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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