Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: PARK AVE SUB
Judges: DANIEL M. KILBRIDE
Agency: Department of Business and Professional Regulation
Locations: Sanford, Florida
Filed: Mar. 20, 2001
Status: Closed
Recommended Order on Tuesday, June 19, 2001.
Latest Update: Oct. 01, 2001
Summary: Following three separate inspections and re-inspections, Respondent guilty of numerous violations of Food Code and Fire Safety Code; fine; suspension.
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fF | | oa n Final Order No. BPR: aon aL ™°Q_97-0|
Department of Business and Professional Regulation
rt Bere Ks
ClOCT-I PH 2: 24,
AGENCY CLERK
arah Wachman, Agency Clerk
DIVISION OF . Prada.
ADMINISTRATIVE By: VALAE
HEARINGS
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION, DIVISION
OF HOTELS AND RESTAURANTS,
Petitioner,
vs.
PARK AVENUE SUB AND SANG KUEN,
d/b/a PARK AVENUE SUB,
Respondent.
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION, DIVISION
OF HOTELS AND RESTAURANTS,
Petitioner,
vs.
PARK AVENUE SUB,
Respondent.
ee ela apS=ereaapseng ==
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION, DIVISION
OF HOTELS AND RESTAURANTS,
Petitioner,
vs.
SANG KUEN CHO, d/b/a PARK
AVENUE SUB,
Respondent.
a
AT
DH&R CASE NO.
LICENSE NO.
~ DOAH CASE NO.
DH&R CASE NO.
LICENSE NO.
DOAH CASE NO.
DH&R CASE NO.
LICENSE NO.
DOAH CASE NO.
4-00-335
69-03647-R
01-0961
4-01-64
- 69-03647
01-1110
4-99-921
69-03647-R
01-1111
FINAL ORDER
The undersigned Director of the Division of Hotels and Restaurants enters this
Final Order in the above-styled cause pursuant to Section 120, Florida Statutes.
Petitioner, Division of Hotels and Restaurants, adopts in toto the Recommended
‘Order of the Honorable Daniel M. Kilbride, Administrative Law Judge, Division of
Administrative Hearings, issued on the__19th__ day of June_, 2001, herein
attached as Exhibit A.
ORDER
Based upon the complete record, the findings of fact, conclusions of law, and
recommendation of the Administrative Law Judge of the Division of Administrative
Hearings, it is hereby ORDERED that:
1. As to DOAH Case No. 01-0961, DH&R Case No. 4-00-335, an
administrative fine of $5,400.00 is imposed and Respondent's license is suspended uniil
payments of fines have begun and the restaurant is brought into compliance with the
Food Code, the Fire Safety Code, and other provisions of Chapter 61C, Florida
Administrative Code.
2. As to DOAH Case No. 01-1110, DH&R Case No. 4-01-64, an
administrative fine of $3,400.00 00 is imposed and Respondent's license is suspended
until the restaurant is brought into compliance and payments on the fine are begun.
3. As to DOAH Case No. 01-1111, DH&R Case No. 4-99-921, an administrative
fine of $1,000.00 00 is imposed and Respondent's license, is suspended until payment
in full, is made.
4. Respondent is required to make monthly payments until the administrative
fines are paid in full under such terms and conditions as the Department deems just and
reasonable. re :
DONE AND ORDERED this [8 day of , , 2001, in
Tallahassee, Florida.
GE LUEBKEMANN, ACTING DIRECTOR
DIVISION OF HOTELS AND RESTAURANTS
NOTICE OF RIGHT TO APPEAL
This Order constitutes final agency action. Any party who is adversely affected
by this order has the right to seek judicial review to the order pursuant to Section
120.68, Florida Statutes, by filing a Notice of Appeal pursuant to Rule 9.110, Florida
Rules of Appellate Procedure, with the appropriate District Court and the Agency Clerk.
The Notice of Appeal, accompanied by the appropriate filing fees, must be filed within
30 days of the date of this Final Order.
OE
CERTIFICATE OF SERVICE
HEREBY CERTIFY that a true and correct copy of the foregoing Stipulation and
Consent Order has been furnished via U.S. Certified Mail, Return Receipt Requested, to
Park Avenue Sub, 1203 South Park Avenue, Sanford, Florida 32771, and Sang Kuen
Cho, d/b/a Park Avenue Sub, 4203 South Park Avenue, Sanford, Florida 32771, by
regular U.S. Mail to The Honorable Daniel Kilbride, Administrative Law Judge, The
Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway,
Tallahassee, Florida 32399-3060 and via inter-office mail to Charles F. Tunnicliff,
Assistant General Counsel, Department of Business and Professional Regulation,
4940 North Monroe Street, Tallahassee, Florida 32399-2202, this Ps day of
cipihs 2001.
Division of Hotels and Restaurants
Docket for Case No: 01-001110
Issue Date |
Proceedings |
Oct. 01, 2001 |
Final Order filed.
|
Jun. 19, 2001 |
Recommended Order issued (hearing held May 16, 2001) CASE CLOSED.
|
Jun. 19, 2001 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
|
Jun. 14, 2001 |
Respondent`s Proposed Recommended Order (filed via facsimile).
|
Jun. 08, 2001 |
Transcript filed. |
May 16, 2001 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Apr. 03, 2001 |
Order of Pre-hearing Instructions issued.
|
Apr. 03, 2001 |
Notice of Hearing issued (hearing set for May 16, 2001; 9:00 a.m.; Sanford, FL).
|
Mar. 28, 2001 |
Petitioner`s Response to Initial Orders (responding to the Initial Orders in DOAH Case Nos. 01-1110 and 01-1111, filed via facsimile).
|
Mar. 26, 2001 |
Order of Consolidation issued. (consolidated cases are: 01-000961, 01-001110, 01-001111)
|
Mar. 21, 2001 |
Initial Order issued.
|
Mar. 20, 2001 |
Administrative Complaint (filed via facsimile).
|
Mar. 20, 2001 |
Agency referral (filed via facsimile).
|
Orders for Case No: 01-001110
Issue Date |
Document |
Summary |
Sep. 28, 2001 |
Agency Final Order
|
|
Jun. 19, 2001 |
Recommended Order
|
Following three separate inspections and re-inspections, Respondent guilty of numerous violations of Food Code and Fire Safety Code; fine; suspension.
|