a) co ; (a) 4 STATE OF FLORIDA FILE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA TION -,. 00 : Department of Business and Professional Regulation, Division of Hotels and Restaurants, DIVIS so! paninls Petitioner, cette peep ec EAR vs. , Case Number: 2-99-66 License Number: 16-11429- a LOUIS BEHOFSITS / 4 d/b/a WINE CELLAR RESTAURANT O67 Respondent. a DMINISTRATIVE CO NT COMES NOW, the Department of Business and Professional Regulation, Division of Hotels and Restaurants (hereinafter referred to as "Division") files this administrative complaint against LOUIS BEHOFSITS (hereinafter referred to as “Respondent'). The Division seeks to impose disciplinary action upon the Respondent and alleges: 1. The Division has jurisdiction over the subject matter of, and the parties to, this proceeding pursuant to Chapter 509, Florida Statutes. 2. At all times relevant to the facts alleged in.this administrative complaint, _ Respondent held a license number: 16-11429-R for the operation of a public food service establishment. Respondent's last known address of record is 199 E. OAKLAND PARK __BLVD., OAKLAND PARK, FL 33334-1153. 3. Petitioner seeks to revoke; suspend; impose administrative fines; impose a civil penalty; require corrective action, and additional or other penalties as may be provided for by law or rule, or any combination thereof. Rev. 12/02/98 Pe ne cae ee rl dl li at violation page which is incorporated by reference in this administrative complaint as if fully aes and completely restated herein, item 1. WHEREFORE, the Division of Hotels and Restaurants hereby charges the Respondent with the above counts and notices its intention to seek imposition of an appropriate penalty of revocation; suspension; administrative fines; civivadministrative penalty; corrective action, additional or other penalties as may be provided for by law or rule, or any combination thereof, Cheryl Bie District Administrator. - SIGNED February 25, 1 Rev. 12/02/98 CONTROL #: 16-11429-R S CASE #: 02-99-066 Le bo V3 7 It is alleged that on January 15, 1999 the licensee was in violation of Florida Statute 509 and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code, in the following particulars: ~ 00 JAN 26 PHL: 2 *03d-1 3-501.14 (A) FC Cooked POTENTIALLY HAZARDOUS FOOD shall be cooled: _. (1) Within 2 hours, from 60°C (140°F) to 21°C (70°F); and (2) Within 4 hours, from 24°C (70°F) to 5°C (41°F) or less, or rto 7°C (45°F) as specified under {] 3-501. 16(C). ; OBSERVED PANS OF COOKED FOODS STANDING AT ; RATURE ¢ ON | PREPARATI C (SHRIMP SAUCE AND COOKED RICE). 08a-18 3-305.11 FC FOOD Storage. (A) Except as specified in {{{] (B) and (C) of this section, FOOD shall be protected from contamination by storing the FOOD: (1) In a clean, dry location; (2) Where it is not exposed to splash, dust, or other contamination; and (3) At least 15 cm (6 inches) above the floor. (B) FOOD in PACKAGES and working containers may be stored less than 15 cm (6 inches) above the floor on case lot handling © EQUIPMENT as specified under § 4- 204.122. (C) Pressurized BEVERAGE containers, cased FOOD in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture. ~~ OBSERVED CONTAINER OF RIBS UNCOVERED IN WALKIN REFRIGERATOR. 08c-1 3.302.11(A)(4) FC (A) FOOD shall be protected from cross contamination by: (4)... storing the FOOD in PACKAGES, covered containers, or wrappings; OBSERVED A BAG OF BREAD LAYING ON A BAG OF RAW PORK IN PUFFER HUBBARD TWO-DOOR REACH-IN REFRIGERATOR. ot es ei, as i ai ane eee a *45-27 4A-21.304 FAC * CRITICAL VIOLATION “UNAVAILABLE. A CONTROL #: 16-11429-R © CASE #: 02-99-066 ~ _ Page 2 Installation; Service (1) All pre-engineered systems are to be inspected in accordance with the standards Adopted i in 4A-21-302 (2) Whenever a pre-engineered system is installed, inspected, repaired, maintained or otherwise serviced, the permittee shall complete an inspection report containing, at a minimum, : the information in paragraphs (a) through ( ), in this. ; subsection. One copy shall be signed by and delivered to the owner, or the representative of the owner, or the facility in + which the system was installed. The other c retained in the fire equipment dealer's file: ne i rn ec es OAKLAND PARK, FL 33334-1153 pai g ate a ane 1D PR ec February 25, 1999 LOUIS BEHOFSITS WINE CELLAR RESTAURANT 199 E, OAKLAND PARK BLVD. License Number: 16-114) : Case Number: 2-99- -66 ~ ; Dear Sir or Madam: ©” The Division of Hotels and Restaurants has filed the enclosed Administrative Complaint against you. You may wish to settle this administrative action to avoid costly litigation with the division. If you decide to settle, within 21 days from the date you received this letter, you must sign and return the enclosed Stipulation and Consent Order to the address below. For purposes of settlement only, a reduced fine has been calculated and offered in the amount of $600.00, which covers the reduced fine, the amount of your outstanding license fee(s), delinquent fee(s) and service fee(s). After you have signed and returned the enclosed stipulation, the stipulation will then be forwarded to the Division Director for final approval and acceptance. After the Stipulation and Consent Order has been approved by the Division Director and clerked by the Agency Clerk, a copy of the stipulation will be mailed to you and your fine payment will be due within 30 days of the“agency clerk date appearing on the front of the Stipulation. and Consent Order. As part of the stipulated order, you must attend a HEP class within 60 days of this clerked date. Please call 1-800-704-1076 to schedule a time and place to receive the required training. When you report to the training class, please have your instructor sign this letter as designated at the bottom and return the signed form to the address below in order to get credit for your class attendance. Please be sure to retain a copy for your records. However, if you do not settle these charges within the time specified in this letter or if you desire 4 hearing in these proceedings, you must request a hearing within the time specified in the Administrative Complaint. Otherwise, a default final order will be issued by the division and you may be subject to a $1000 fine for each offense and for each day you operated in violation of Chapter 509, Florida Statutes, and the - : Administrative Rules promulgated thereunder. . If you have any questions regarding this complaint or the offered settlement, please contact this office at the address and telephone number below. . Sincer red he FRED F LOTY, SETTLEMENT OFFICER TEL #: (954) 958-5524 FAX #: (954)958-5563 HELP, Instructor Signature: Date: DIVISION OF HOTELS AND RESTAURANTS Suite 600 ¢ 1700 NW 64 Street e Ft. Lauderdale, Florida 33309-1801 Rev. 12/02/98 nr a _ this notice. MEDIATION Section 120.573 Mediation Disclosure: This is an action that may affect your substantial interests. Mediation of this administrative dispute is not available. However, you may request a hearing on the charges, pursuant to chapter 120, FS, and as further detailed in =r IES Atandeges LL a vat jen Pursuant to the provisions of the Americans with Disabilities Act, any person requiring ~~ special accommodation to participate in this proceeding is asked to advise the agency at least forty-eight (48) hours before the proceeding or hearing by contacting the Office of | Enforcement, 1940, North Monroe Street, Tallahassee, FL 32399-1012, or telephone number 850/488-9263. If you are hearing or speech impaired, please contact the agency — by calling 1 (800) 955-8771 (TDD) CHAPTER 120 Pursuant to Chapter 120, Florida Statutes, you have the right to a hearing, either: 1) a hearing involving disputed issues of material fact before the Division of Administrative Hearings (formal hearing), or 2) a hearing not involving disputed issues of material fact before the Division (informal proceeding). All hearings are conducted in English. If you wish to have either a formal hearing or an informal proceeding, you must ask for it in writing within 21 days following receipt of this Administrative Complaint. You may use the Request for Hearing form that accompanies this complaint. If your request for a formal hearing, an informal proceeding or the settlement stipulation is not received by the Division with a postmark no later than 21 days following receipt of this complaint, your right to a formal hearing or informal proceeding is waived. The Division will then enter a final order of default against you. The final order of default could require you to cease and desist from activities found to be unlawful, suspend or revoke your license or permit, impose |. . civil/administrative penalties and/or require such other relief as may be authorized by law. If the Division does not accept the settlement offer, and it was filed within 21 days of receipt of this complaint, it will be considered a timely request for an administrative hearing. :. The written request must be filed with Yeteva Hightower, State Enforcement Administrator, DBPR, 1940 North Monroe Street, Tallahassee, FL 32399-1012. The written request must contain the following information: The name and address of the party making the request. : A statement that the party is making a request for either a formal hearing or an informal proceeding. . A reference to the Administrative Complaint that the party has received. A statement setting forth all issues of material fact that are disputed, if any. RO NS Rev. 12/02/98 ak a adhd nm. A tt Specifically, you must identify each material fact in the Administrative Complaint that you dispute and state any factual grounds upon which you base your dispute.” bas If there is a formal hearing, you have the right to appear in your own behalf, be represented by your attorney, bring witnesses and evidence, cross-examine any witnesses produced against you by the state, and have subpoenas and subpoena duces tecum issued on your behalf. If you have requested and are entitled to a formal hearing, you will be notified of the time, place, and date of the hearing. You may file exceptions to a recommended order issued by the administrative law judge. — : ; ; : If there is an informal proceeding, you have the right to provide the Division with any written documentation or legal arguments that you wish the Division to consider in mitigation of the charges contained in this Administrative Complaint. You will be entitled to present written or oral-evidence in accordance with section 120.57(2), Florida Statutes. In ag.informal proceeding the facts as alleged in the Administrative Complaint are deemed admitted, and evidence in mitigation of the facts may be presented at the informal proceeding. If there is an informal proceeding, you will be notified as to the time period within which to submit written documentation or legal argument that you wish the Division to consider in mitigation — of the charges in this Administrative Complaint. “ : SERVICE: | hereby certify that a true copy of the Administrativ complaint has been served this day of ,19 . Personal Service by ; Or ; OF Certified Mail # __Z 534 894 994 (Ao - $ SENDER: dior 2 for additional lalso wish to receive the | . Complete items 1 and/or 2 for additional services. . . n ' ss Complete items 3, 4a, and 4b. . . following Services (fora Re Print your name and address on the reverse of this form go that we can retum this | extra fee): Ti : 1.10) Addressee's Address it 2.1 Restricted Delivery : Consult postmaster for fee. 4a. Article Number casd to you. w Attach ‘his form to the front of the mailpiece, or on the back If space does not ermit, ; OF mit. . Write *Retum Receipt Requested” on the mailpiece below the article number. The Retum Receipt will show to whom the article was delivered and the date delivered. 3. Anicle Addressed to: 4b. Service Type Cl Registered [Cénie DI Express Mail (1 tnsured tun Receipt for Merchandise [J COD , Louis Behofsits : The Wine Cellar Restaurant .199 E. Oakland Park Blvd. , Oakland Park, FL 33334-1153 8. Addressee's' Address (Only if requested - and fee is paid) Thank you for using Return Receipt Service. Is your RETURN ADDRESS completed on the reverse sid SS 1o2595-98-8-0229 Domestic Return Receipt { 4 PS Form 3811, Degémber 1994

Docket for Case No: 00-000437