Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JEROME BROWN, D/B/A JEROME BROWN BBQ
Judges: BARBARA J. STAROS
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Nov. 08, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 8, 2001.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA De
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION “7, “
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
vs.
JEROME BROWN License No. 26-12299-R
JEROME BROWN BBQ Case No. 5-00-72
Respondent.
/
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF
HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against:
JEROME BROWN, (“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 Sec. 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 last
known business address is 1551 EDGEWOOD AVENUE, JACKSONVILLE, FL
32208.
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.
WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of
the following penalties: administrative fine not to exceed $1000 per offense; mandatory
attendance at Respondent's expense at an educational program sponsored by the
Department's Hospitality Education Program; 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 May 09, 2000
be kK * Prezscee.
Reggie Preaster, District Administrator ,
Division of Hotels & Restaurants
: : Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Gail Hoge, Senior Attorney
Florida Bar No. 0909289
Department of Business & Professional Regulation
1940 North Monroe Street, Tallahassee, Florida 32399-1007
Telephone 850 - 488-3140 / Facsimile 850 - 488-5074
License #: 26-12299-R..,
Case # 05-002 =
It is alleged that on April 19 and May 1, 2000 the licensee was in violation of Florida Statt : andi,
the Rules of the Division of Hotels and Restaurants, Florida Administrative Code, in the f wi
?
particulars: “eg
1. 34-1 5-501.11 FC Outdoor Storage Surface.
An outdoor storage surface for REFUSE, recyclables, and
returnables shall be constructed of nonabsorbent material such
as concrete or asphalt and shall be SMOOTH, durable, and
sloped to drain.
OBSERVED DUMPSTER NOT STORED ON A NON-
ABSORBENT SURFACE.
2. *50-1 509.241(1) FS LICENSES; ANNUAL RENEWALS.--Each . . . public food
service establishment shall obtain a license from the division.
Such license may not be transferred from one place or individual
to another. It shall be a misdemeanor of the second degree,
- punishable as provided in s. 775.082 or s. 775.083, for such an
establishment to operate without a license. . . .
509.241(2)FS © APPLICATION FOR LICENSE.--Each person who plans to open
. .. a public food service establishment shall apply for and
receive a license from the division prior to the commencement of
operation... .
61C-1.002(6) FAC Renewal - It is the responsibility of the licensee to renew the
license prior to the expiration date. Any public ... food service
establishment operating on an expired license is deemed to be
operating without a license, and subject to the penalties provided
for this offense in law and rule. ..
OBSERVED NO LICENSE POSTED ANYWHERE IN THIS
ESTABLISHMENT. :
3. *53a-1 509.039 FS ... All managers employed by a food service establishment must
have passed [the food service manager] test and received a
& certificate attesting thereto. Managers have.a period of 90 days
after employment to pass the required test...
Exhibit A
Page 1 of 2
License #: 26-12299-R
Case #: 05-00-72
61C-4.023(1) FAC All managers who are responsible for the storage, preparation,
display, and serving of foods to the public shall have passed a
written certification test approved by the division demonstrating a
basic knowledge of food protection practices regulated and
administered by the division or an agency of state government
outside Florida which has been approved by the division. Those
managers who successfully pass the certification examination
shall be issued a certificate which is valid for a period of five
years from the date of issuance. All establishments shall
designate in writing the food service manager or managers for
each location. Establishments that have four or more employees
at one time engaged in the storage, preparation or serving of
food shall have at least one certified manager present at all
times when said activities are taking place. All other
establishments shall have a certified manager or managers
responsible for all periods of operation but said manager or
- managers need not be present at all times. . . .
OBSERVED NO PROOF OF VALID MANAGER’S
CERTIFICATION CARD FOR ANY EMPLOYEE WORKING AT
THIS ESTABLISHMENT.
Exhibit A
Page 2 of 2
%
FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL ecaoy 4 Ee)
DIVISION OF HOTELS AND RESTAURANTS 3
EXPLANATION OF RIGHTS
The enclosed Administrative Complaint charges you with violating one or more provisions of
Chapter 509, Florida Statutes, or Rule 61C, Florida Administrative Code. If you have questions
regarding your response or best course of action, you may wish to seek competent legal counsel.
Failure to make an election, as described below, within the 21 days of your receipt of this
Administrative Complaint packet waives your right to a hearing in this s matter, and the
Department may proceed against you by default.
Your receipt of this Administrative Complaint packet constitutes service upon you. Your rights.
under Florida law (Chapter 120, Florida Statutes) are as follows:
1. You may elect to dispute the violations alleged in the Complaint and request a hearing on the
disputed facts before an Administrative Law Judge, which is an administrative trial. You and
the Department will be given an opportunity to present evidence and witnesses to prove or
disprove the facts alleged and, after the hearing, submit a written proposed recommended
order for the Judge’s consideration. Based on the evidence and testimony presented and
any proposed recommended orders submitted by the parties, the Judge will issue a
Recommended Order to the Department containing Findings of Fact, Conclusions of Law,
and Recommended Penalty, if any. The parties may submit exceptions to the
Recommended Order. Following review of the Recommended Order and exceptions, if any,
the Department may issue a Final Order.
2. You may elect to not dispute the violations alleged in the Complaint and request that a
hearing be held to present testimony or documents you wish the Department to consider in
mitigation of the alleged violations prior to disposition of this case. Any penaity levied will be
included in a Final Order. Ifa dispute of material fact arises, the hearing will be terminated
and the case referred for administrative trial as described in paragraph 1 above.
3. You may seek to resolve this matter through a negotiated settlement with the Department's
Settlement Officer as instructed in the cover letter accompanying this packet. Upon final _
approval by the Department, the settlement will be incorporated into a Final Order resolving
the case. Participating in settlement discussions does not preserve your right to a
hearing. Failure to make an election within 21 days, as described in paragraphs 1 and
“2 above, will waive your right to a hearing.
4. You may waive hearing in this matter, and the Department will proceed with resolution and
possible penalty at its discretion.
An Election of Rights form is included with this Administrative Complaint packet. You must -
respond to the Administrative. Complaint by electing one of the options on the Election of Rights form
and the Department must receive it within 21 days of your receipt of this Administrative Complaint
packet: The Division will then determine whether a dispute of material fact exists, and schedule the
appropriate hearing. Notice of the date, time, and place of hearing will be sent to you at the address
designated by you on your Election of Rights.
Pursuant to Chapter 120.573, Florida Statutes, please be advised that mediation is not
available for resolution of this action.
Revised 3/29/2000
SENDER: COMPLETE THIS SECTION
: m@ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
m Print your name and address on the reverse
. so that we can return the card to you. .
™ Attach this card to the back of the mailpiece,
or on the front if space permits.
S-tl-00
fL— CO) Agent
c C1 Addresse
D. 1s delivery address different from item 1? O Yes
If YES, enter delivery address below: DONo
1. Article Addressed to:
Jerome Brown
Jerome Brown BBQ
. 20001 Hendrix Avenue -
Jacksonville, FL 32207
3. Service Type
EXCertified Mail 1 Express Mail
egistered CD Return Receipt for Merchandis.
G Insured Mail 1 C.0.0.
4, Restricted Delivery? (Extra Fee) O Yes
| 2. Article Number (Copy from service label)
: #PS Form 3817, July 1999 Domestic Return Receipt 402595-99-M-178¢
fe
Docket for Case No: 00-004602
Issue Date |
Proceedings |
Feb. 01, 2001 |
Order of Closure filed.
|
Jan. 08, 2001 |
Order Closing File issued. CASE CLOSED.
|
Jan. 04, 2001 |
Notice of Voluntary Dismissal (filed by Petitioner via facsimile).
|
Nov. 29, 2000 |
Order of Pre-hearing Instructions issued.
|
Nov. 29, 2000 |
Notice of Hearing issued (hearing set for January 11, 2001; 10:00 a.m.; Jacksonville, FL).
|
Nov. 20, 2000 |
Petitioner`s Response to Initial Order (filed via facsimile).
|
Nov. 09, 2000 |
Initial Order issued. |
Nov. 08, 2000 |
Agency referral filed.
|
Nov. 08, 2000 |
Administrative Complaint filed.
|