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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs PARK AVE SUB, 01-001110 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-001110
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.
-19%-0 | i ‘0. =) -0: s . 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.
Source:  Florida - Division of Administrative Hearings

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