Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CICI'S PIZZA
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Sebastian, Florida
Filed: Jun. 20, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 3, 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 1504734
CICI'S PIZZA Respond License Type 2010
espon: nt Case Number 2013016321
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against CICI'S PIZZA, (‘Respondent’), and
says: . . . :
1. Petitioner is the state agency charged with regulating the operation of public lodging éstablishments 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 1270 N WICKHAM
RD STE 46-47C, MELBOURNE, FLORIDA 32935.The mailing address of record is CiCI'S PIZZA, at PO
BOX 3790, DELAND, FLORIDA 32721. .
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. . oan
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 April 12, 2013
Valerie Freeman, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Marc Drexler, Lead Attorney
Florida Bar No. 0487058 N
Department of Business & Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-2202
Certificate of Service
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: -
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this day of , 2013.
; Received by:
Inspector's Signature Operator's Signature
Title : Title
Case Number: 2013016321 | File Number: 203803 District Number: 04
License Number: 1504734 2010 Form revised 01.01.13
CICI'S PIZZA
Exhibit A .
License Number: 1504734 :
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2013016321 , aan
It is alleged that on May 9, 2012, September 20, 2012, March 19, 2013 Respondent was in violation of Florida
Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC);
and/or specific provisions of the Food Code, Recommendations of the United States Public Health Service,
Food and Drug Administration, as incorporated by Chapter 61C, 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. : .
™ denotes a high priority violation. .
* denotes an intermediate priority violation. °
™ 1,03A-02-4 3-501.16(A)(2) FC High Priority: (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 under
Paragraph (B) and in Paragraph (C) of this section, potentially hazardous food (time/temperature control for
safety food) shall be maintained: (2) At 44 degrees Fahrenheit or less. .
On 05/09/12, Italian sausage, ham, diced chicken, shredded cheese and Alfredo sauce in the pizza
make cooler were 44-53 degrees F. On 09/20/12, sausage, hamburger, ham, barbeque pork and:
. chicken were 45-51 degrees F inthe pizza make cooler. On 03/19/13, italian sausage, shredded ‘cheese,
ham and chicken were 49-52 degrees F in the pizza cooler.
Case Number: 2013016321 — File Number: 203903 District Number: 04
License Number: 1504734 2010 Form revised 01.01,13
CICI'S PIZZA .
Docket for Case No: 13-002365
Issue Date |
Proceedings |
Jul. 03, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jul. 02, 2013 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jul. 01, 2013 |
Order of Pre-hearing Instructions.
|
Jul. 01, 2013 |
Notice of Hearing by Video Teleconference (hearing set for July 24, 2013; 9:30 a.m.; Sebastian and Tallahassee, FL).
|
Jun. 27, 2013 |
Response to Initial Order filed.
|
Jun. 20, 2013 |
Initial Order.
|
Jun. 20, 2013 |
Election of Rights filed.
|
Jun. 20, 2013 |
Administrative Complaint filed.
|
Jun. 20, 2013 |
Agency referral filed.
|