vs. ESSIONAL REGULATION, _ Petitioner, / ; License No. 66-00291-R UADLAJARA MEXICAN FOOD Case No. 4-01-44 ‘Respondent. -_ ~ BO —661-24@ --. ADMINISTRATIVE COMPLAINT FOLLOWING EMERGENCY CLOSURE The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA ON, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: GUADLAJARA MEXICAN FOOD, (‘Respondent’), and says: 4. 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 1702 : DELAWARE AVENUE, FT PIERCE, FL 34950. The last known mailing address is LORENZO AGUILAR, 321 S. 17TH STREET, FT PIERCE, FL 34950. 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 January 31, 2001 iA ! f . — Kendall Burkett, District Administrator By delegation of Susan R. McKinley, Director 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 we CERTIFICATE OF SERVICE BY CERTIFIED U. s. MAIL, ARTICLE NUMBER’ : I HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served byt me : on this | : = ” Received by: “Inspector's Signature Operator’s Signature “Title” a Title “Case No: 4-01-44 ; : Revised 1/4/2001 «License N No: 66- 00291- Roo ; - os . Business Name: GUADLAJARA MEXICAN FOOD “FC” as cited herein references specific provisions of the 1997 Food Code, “Recommendations of the , _ United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Jo sutae sn soon Administrative Code. “NFPA’ as cited herein references specific provisions of the National Fire Protection | “os Association Life Safety Code, incorporated by reference at Chapter 44-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5 , Florida Administrative Code. Itis alleged that on January 30, 2004, the licensee was in violation of Florida Statute 509(FS) and/or the * *: >) s~Rules of the Division of Hotels and Restaurants, Florida Administrative Code(FAC), in the following - : particulars: ic. 1. 004(1 » FAC Electrical wiring -- To prevent fire or injury, “defective electrical “wiring shall be replaced and wiring shall be kept in good repair. No ion cords shall be used except during cleaning, maintenance and other temporary activities. Only a wall switch or approved pull cord ~ _Shall be permitted in bathrooms. In accordance with the provisions of NFPA 70, the National Electrical Code, as adopted by the Division of State Fire Marshal in Chapter 4A-3, FAC, Uniform Fire Safety Rules Standards, sufficient electrical outlets shall be provided. “-OBSERVED NUMEROUS ELECTRICAL VIOLATIONS. THE CITY OF FT. PIERCE CONDEMNED THE BUILDING AND entrance into the establishment, and the breeding or presence on the rémises of rodents, flies, roaches and other vermin. All buildings a ‘rodent -proof and rodent- ‘free condition. All windows used for vetitilation must be screened, except when effective means of vermin -- control are used. Screening material shall not be less than 16 mesh to “the inch or equivalent, tight fitting and free of breaks HE BEVERAGE STORAGE ROOM, DRY STORAGE ROOM AND KITCHEN AREAS. RESTROOM.” Exhibit A Page 1 4 of 2 POISONOUS OR TOXIC MATERIALS shall be stored so they may not contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and -SINGLE- SERVICE and SINGLE-USE ARTICLES by: (A) Separating the POISONOUS OR TOXIC MATERIALS by pacing or Pattitioning;® and oan 6) Locating the POISONOUS ‘OR TOXIC MATERIALS i in an area that i is not above F FOOD, EQUIPMENT, UTENSILS, LINENS, and "does not apply to EOUIPMENT c and UTENSIL Cleaners and sanitizers “that are stored in WAREWASHING areas for availability and convenience if the materials are stored to prevent contamination of .; FOOD, EQUIPMENT, , UTENSILS, LINENS, and SINGLE-SERVICE “and SINGLE- “USE ARTICLES. OBSERVED RAID AND INDEX STORED ON FOOD STORAGE SHELVES. uilding structur: components, attachinents and fixtures shall be. kept i in good repair, clean and free of obstructions. 5372 00 “OBSERVED MODERATE GREASE BUILD-UP ON THE HOOD EQUIPMENT. 6. *45-4 — NFPA 10, 4 5. 2 _ Moderate hazard ... locations ... consist of dining areas,... storage, oie = nee .. Or support : NFPA 10, 3 5 service areas. [These locations shall be protected by the installation of a eae ble fire extinguishers with a minimum rating of] 2-A:10-B:C provided for each 1500 square feet of floor space on each level and installed s so that the travel distance to any extinguisher shall not “exceed 75 feet. ~ ~ On each floor level, the area protected and the travel distances shall be based on fire ex nguishers i installed i in accordance with Tables 3- : ind Exhibit A Page 2 of 2 PSR REET Rosey ae eae wrest crn me cg FF erage ee T OF BUSINESS AND PROF SSIONAL REGULATION OF HOTELS AND RESTAURA we of thi % Department may proceed against you by default. MS Oe é~.. Your receipt of this Administrative Complaint packet constitutes service upon you. Your tights under Florida’ law (Chapt er 120, Florida Statutes) are as follows ged omp int and | request z a “hearing o on the 2 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 a disprove the facts alleged and, after the hearing, submit a written proposed recommended = order for the Judge’ $ 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. 22, You! may elect to not dispute the Violations alleged i in ‘the Complaint and request that ¢ a oS hearing be held to present testimony or documents you wish the Department to consider in 7 mitigation of the alleged violations prior to disposition of this case. Any penalty levied will be ber ‘included i 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. solve this ma ert rough a nego’ iated settlement with the Department's ment Officer as instructed in the « cover letter accompanying this packet. Upon final val by the Départment, the settlement will be incorporated into a Final. Order resolving he case. _Participating in settlement discussions does not preserve your right to a . Failure to make a a 21 days, as described in paragraphs 7 and y ‘waive hearing in this matter, and the Departme will proceed with n resolution and ble penalty at its discretion ieee on the Election of Rights form in 21 days of your receipt of this Administrative Complaint isio en determine whether ¢ a dispute of material fact exists, and schedule the ‘appropriate. hearing. Notice of of the date, time, and ‘place ‘of hearing will be sent to you at the address designated by you on your Election of Rights. ” apter 20. SS FS Statutes, please be advised that mediation i is snot : available for | resolution of this action. Case No: 4-01-44 i: Revised 4/1/2001 . > License No: 68-00291-R = Business Name: GUADLAJARA MEXICAN FOOD | {er re See Ce Cee ee geo

Docket for Case No: 01-002460