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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs MCKNIGHT'S CATERING AND EVENTS PLANNING, LLC, D/B/A MCKNIGHT'S, 14-002556 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-002556 Visitors: 5
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: MCKNIGHT'S CATERING AND EVENTS PLANNING, LLC, D/B/A MCKNIGHT'S
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: May 30, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 9, 2014.

Latest Update: Jun. 02, 2024
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. . Case Number: 2014014717 MCKNIGHT'S CATERING & EVENTS PLANNING LLG License Number: 6815107 License Type: 2010 dibla MCKNIGHTS, File Number: 262395 Respondent. . / Administrative Complaint ; The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against MCKNIGHT'S CATERING & EVENTS PLANNING LLC d/b/a MCKNIGHTS, (“Respondent”), and says: 14. Patitioner 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 595 W CHURCH ST STE E, ORLANDO, FLORIDA 32805.The mailing address of record is MCKNIGHT'S CATERING & EVENTS PLANNING LLC d/b/a MCKNIGHTS at 595 W CHURCH ST STE E, ORLANDO, FLORIDA 32805. . 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 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 authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed April 04, 2014 Vo on Valerie Freeman, District Manager By delegation of 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: 74196 9008 9111 2032 1961 _ | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT ‘has been hand’served by me on this. day of , 2014, Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2014014717 File Number: 262395 District Number: 04 License Number: 5813107 2010 Form revised 01.01.13 MCKNIGHTS Exhibit A License Number: 5813107 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2014014717 It is alleged that on November 20, 2013, January 24, 2014 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. 08B-13-4 3-302.11(A)(4) FC: Basic: Food shall be protected from cross contamination by: (4) Except as specified under Subparagraph 3-501.15(B)(2) and in Paragraph (B) of this section, storing the food in packages, covered containers, or wrappings; Stored food was not covered in the walk-in cooler. (Macaroni and cheese, and beef) 2.14-01-4 3-304.12(A) and (B) FC Basic: During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored: (A) Except as specified under Paragraph (B) of this section, in the food with their handles above the top of the food and the container; (B) In food that is not potentially hazardous with their handles above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon; A bow! with no handle was used to dispense food. (Flour container) 3.14-06-4 4-101.17FC Basic: Wood and wood wicker may not be used as a food-contact surface. (B) Hard maple or an equivalenily hard, close-grained wood may be used for: (1) Cutting boards; cutting blacks, bakers’ tables; and utensils such as rolling pins, doughnut dowels, salad bowls, and chopsticks; and (2) Wooden paddles used in confectionery operations for pressure scraping kettles when manually preparing confections at a temperature of 230 degrees Fahrenheit or above. (C) Whole, uncut, raw fruits and vegetables, and nuts in the shell may-be kept in the wood shipping containers in which they were received, until the fruits, vegetables, or nuts are used. (D) If the nature of the food requires removal of rinds, peels, husks, or shells before consumption, the whole, uncut, raw food may be kept in: (1) Untreated wood containers; or (2) Treated wood containers if the - containers are treated with a preservative that meets the requirements specified in 21 CFR 178.3800 Preservatives for wood. : Wood food-contact surface was not properly sealed. (Dry storage shelves) * 4,.22-28-4 4-601.11(A) FC _{ntermediate: (A) Equipment food-contact surfaces and utensils shall be clean to sight and touch. ‘ The interior of the reach-in freezer by the cookline was soiled with an accumutation of food residue. 5,24-08-4 4-901.11FC Basic: After cleaning and sanitizing, equipment and utensils: (A) Shail be air-dried or used after adequate draining as specified in the first paragraph of 40 CFR 180.940 Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (food-contact surface sanitizing solutions), before contact with food: and (B) May not be cloth dried except that utensils that have been air-dried may be polished with cloths that are maintained clean and dry. : Equipment and utensils were not properly air dried. (Wet nestling) Case Number: 2014014717 File Number: 262395 District Number: 04 License Number: 5813107 2010 Form revised 01.01.13 MCKNIGHTS 6. 36-73-4 6-501.12(A)FC Basic: (A) Physical facilities shall be cleaned as often as necessary to keep ther clean. The floor in the dry storage area was soiled with an accumulation of debris. 7. 38-07-4 6-202.11FC Basic: (A) Except as specified in Paragraph (B) of this section, light bulbs shalf be shielded, coated, or otherwise shatter-resistant in areas where there is exposed food; clean.equipment, utensils, and linens; or unwrapped single-service and single-use articles. (B) Shielded, coated, or otherwise shatter- resistant bulbs need not be used in areas used only for storing food in unopened packages, if: (1) The integrity of the packages cannot be affected by broken glass falling onto them; and (2) The packages are capable of being cleaned of debris from broken bulbs before the packages are opened. (C) An infrared or other heat lamp shall be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed. The lights in the dry storage area were missing the proper shields, coatings or-covers. * 8.53B-01-4 609.049(5) FS Intermediate: It shall be the duty of each public food service , establishment to provide training in accordance with the described rule to all food service employees of the public food service establishment. The public food service establishment may designate any certified food service manager to perform this function. Food service employees must receive certification within 60 days after employment. Certification pursuant to this section shall remain valid for 3 years. All public-.food service establishments must provide the division with proof of employee training upon request, including, but not limited to, at the time of any division inspection of the establishment. Proof of training for each food service employee shall include the name of the trained employee, the date of birth of the trained employee, the date the training occurred, and the approved food safety training program used. No proof of required state approved employee training was provided. Gase Number: 2014014717 — File Number: 262395 District Number: 04 License Number: 5813107 2010 Form revised 01.01.13 MCKNIGHTS

Docket for Case No: 14-002556
Source:  Florida - Division of Administrative Hearings

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