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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CSC INVERRARY GARDENS, 01-002511 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-002511 Visitors: 2
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CSC INVERRARY GARDENS
Judges: PATRICIA M. HART
Agency: Department of Business and Professional Regulation
Locations: Fort Lauderdale, Florida
Filed: Jun. 28, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 24, 2001.

Latest Update: Dec. 27, 2024
Ol- 251 STATE OF FLORIDA — fe DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION “Te ji DIVISION OF HOTELS AND RESTAURANTS eS DEPARTMENT OF BUSINESS AND _ | Wig PH pp. PROFESSIONAL REGULATION, ie 4 Petitioner, as vs. License No. 16: " CSC INVERRARY GARDENS Case No. 2-01-64 Respondent. l ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against. CSC INVERRARY GARDENS, (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments 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 t Division of Hotels and Restaurants. The respondent's last known business address is 4200 INVERRARY BLVD., LAUDERHILL, FL 33319-4100.The last known mailing address is CSC . INVERRARY GARDENS, LTD, 4200 INVERRARY BLVD., LAUDERHILL, FL 3331 9-4100. 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 an educational program sponsored by the Department's Hospitality Education Program, suspension, revocation, « 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 March 29, 2001 - WA Chery! BieSky, District Administrator By delegation of Susan R. McKinley, Director Division of Hotels & Restaurants Department of Business & Professiona! Regulation COUNSEL FOR THE DEPARTMENT: Gail Hoge, Senior Attorney Florida Bar No. 0909289 Department of Business & Professional Regulation 4940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:__7099 3400 0014 182 6335 | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me —— on this day of. 2001. . Received by: Inspector's Signature Operator's Signature oe Title Title Case No: 2-01-64 Revised 2/14/2001 License No: 16-07675-H Business Name: CSC INVERRARY GARDENS License #: 16-07675-H Case #: 02-01-064 Gy . ; J 7 Exhibit A Wag Py, . ihe : “EC” as cited herein references specific provisions of the 1997 Food Cade,: Reco mesictins of the United States Public Health Service, Food and Drug Administration, incarpe ad Chapter 61C, Florida Administrative Code. “NFPA” as cited herein references specific provisions: Otthé National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. It is alleged that on March 20, 2001 and March 27, 2001 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code(FAC), in - the following particulars: 1. *01-10 NFPA 10, 4-4.1 Fire extinguishers shall be subjected to maintenance not more than one year apart... OBSERVED PORTABLE ABC FIRE EXTINGUISHER WITHOUT CURRENT CERTIFICATION (01/2000). 2. *41-3 61C-3.001(9) FAC Kitchen appliances and refrigeration equipment shall be kept clean and free from odors and in good repair. Refrigerators shall be properly drained. OBSERVED STAGNANT WATER IN DISH MACHINE (dish machine inoperable). 3. 13-1 61C-1.004(6) FAC All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions. OBSERVED CLOSET DOOR IN DISREPAIR. * CRITICAL VIOLATION Exhibit A Page 1 of 1

Docket for Case No: 01-002511
Issue Date Proceedings
Oct. 24, 2001 Order Closing File issued. CASE CLOSED.
Oct. 23, 2001 Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Oct. 12, 2001 Order Re-Scheduling Hearing by Video Teleconference issued (video hearing set for October 29, 2001, 9:00 a.m., Tallahassee and Ft. Lauderdale, Florida).
Sep. 26, 2001 Status Report (filed by Petitioner via facsimile).
Sep. 14, 2001 Order Granting Continuance issued (parties to advise status by September 24, 2001).
Sep. 13, 2001 Consent Motion to Continue (filed by Respondent via facsimile).
Sep. 11, 2001 Amended Notice of Video Teleconference issued. (hearing scheduled for September 17, 2001; 9:00 a.m.; Fort Lauderdale and Tallahassee, FL, amended as to video, location).
Sep. 05, 2001 Consent to Appearance by a Student Intern (filed by Petitioner via facsimile).
Aug. 10, 2001 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for September 17, 2001; 9:30 a.m.; Fort Lauderdale, FL).
Aug. 06, 2001 Motion for Continuance filed by Petitioner
Aug. 01, 2001 Order of Pre-hearing Instructions issued.
Jul. 31, 2001 Notice of Hearing by Video Teleconference issued (video hearing set for August 27, 2001; 9:00 a.m.; Fort Lauderdale and Tallahassee, FL).
Jul. 24, 2001 Petitioner`s Response to Initial Order (filed via facsimile).
Jun. 28, 2001 Initial Order issued.
Jun. 28, 2001 Notice of Election of Rights filed.
Jun. 28, 2001 Administrative Complaint filed.
Jun. 28, 2001 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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