STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ‘DIVISION OF HOTELS AND RESTAURANTS 4 My, z ‘ DEPARTMENT OF BUSINESS AND “ PROFESSIONAL REGULATION, Petitioner, VS. . CHARLES & SANDRA MCMAHAN License No. 13-04489-R Q\- LOO MIKE'S MUNCHIES Case No. 6-00-78 Respondent. — ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against CHARLES & SANDRA MCMAHAN, (“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 5324 THOMAS DRIVE, PANAMA CITY BEACH, FL 32408. 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 26, 2000 i Dor. Peter Newman, District Administrator Division of Hatels & 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 Revised 11/22/1999 : { i. License #: 13-04489-R Case #: 06-00-078 It is alleged that on March 30, 2000 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: 1. 22-2 2.23-1 3.*27-20 4.*35a-3 4-601.11(A) FC 4-601.11(C) FC 5-103.12 FC 61C-1.004(2)(d) 7 6-501.115 FC EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be clean to sight and touch. OBSERVED INTERIOR OF UPRIGHT FREEZER DIRTY AND MOLDY. OBSERVED INTERIOR OF UPRIGHT REFRIGERATOR DIRTY. NonFOOD-CONTACT SURFACES of EQUIPMENT shall be kept free of an accumulation of dust, dirt, FOOD residue, and other debris.® OBSERVED SHELF UNDER COUNTER DIRTY, LITERED WITH PAPER, DIRTY CLOTHING AND JUNK. Pressure. ° Water under pressure shall be provided to all fixtures, EQUIPMENT, and nonFOOD EQUIPMENT that are required to use water except that water supplied as specified in §{ 5-104.12(A) and (B) to a TEMPORARY FOOD ESTABLISHMENT or in response to a temporary interruption of a water supply need not be under pressure. Public bathrooms shall provide ... lavatories with running water under pressure. OBSERVED NO RUNNING WATER AT MOP SINK. Prohibiting Animals.* (A) Except as specified in {§ (B) and (C) of this section, live animals may not be allowed on the PREMISES of a FOOD ESTABLISHMENT. OBSERVED OWNERS DOG INSIDE ESTABLISHMENT. Exhibit A Page 1 of 2 5,36-3 6.42-5 6-501.12 FC License #: 13-04489-R Case #: 06-00-078 Cleaning, Frequency and Restrictions. (A) The PHYSICAL FACILITIES shall be cleaned as often as necessary to keep them clean. (B) Cleaning shall be done during periods when the least amount of FOOD is exposed such as after closing. This requirement does not apply to cleaning that is necessary due to a spill or other accident. OBSERVED FLOOR OF DISHWASHING ROOM DIRTY. OBSERVED KITCHEN FLOOR DIRTY. 61C-4.010(6)(b) FAC Public food service establishments and all parts of property used in connection with their operations shall be kept free of litter. The walking and driving surfaces of all exterior areas of food service establishments shall be effectively maintained so as to minimize dust. These surfaces shall be graded to prevent pooling of water. OBSERVED GROUNDS AROUND REAR OF BUILDING LITERED WITH DEBRIS. OBSERVED SHELVES, WORKTABLE AND CORRIDOR OUTSIDE WALK IN COOLER DIRTY AND LITERED WITH JUNK. Exhibit A Page2of2 | FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS : 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 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: 4. 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 penalty levied will be included in a Final Order. If a 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 11/22/1999 |

Docket for Case No: 01-002006

Orders for Case No: 01-002006