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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs LUIHN FOUR, INC., D/B/A TACO BELL, 16-005829 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-005829 Visitors: 26
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: LUIHN FOUR, INC., D/B/A TACO BELL
Judges: J. BRUCE CULPEPPER
Agency: Department of Business and Professional Regulation
Locations: Lakeland, Florida
Filed: Oct. 06, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 5, 2016.

Latest Update: Nov. 14, 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: 2016043300 LUIHN FOUR INC License Number: 2400310 d/b/a TACO BELL, License Type: 2010 Respondent. File Number: 278234 i Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against LUIHN FOUR INC d/b/a TACO BELL, (“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 2357 US HWYY 70 SE, ARCADIA, FLORIDA 34266.The mailing address of record is LUIHN FOUR INC d/b/a TACO BELL at 2950 GATEWAY CENTRE BLVD, MORRISVILLE, NORTH CAROLINA 27560. 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 September 15, 2016 (Yy Hl) Claudia Fields, 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 Department of Business & Professional Regulatio = 2601 Blair Stone Road a Certified Article Number Tallahassee, FL 32399-2202 4434 ?2bb 9904 2073 9849 42 Certificate of Service SENDERS RECORD 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 , 2016. Received by: Inspector’s Signature Operator's Signature Title Title District Number: 07 Case Number: 2016043300 File Number: 278234 Form revised 04.01.16 License Number: 2400310 2010 TACO BELL Exhibit A License Number: 2400310 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2016043300 It is alleged that on September 13, 2016 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. 28-26-4 5-402.13FC High Priority: Sewage shall be conveyed to the point of disposal through an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated according to law. High Priority - Sewage/wastewater backing up through floor drains. Observed wastewater backing up through floor drain under three-compartment sink. **Admin Complaint** District Number: 07 Case Number: 2016043300 File Number: 278234 Form revised 04.01.16 License Number: 2400310 2010 TACO BELL

Docket for Case No: 16-005829
Source:  Florida - Division of Administrative Hearings

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