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.
|