Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: OUT OF BOUNDS STEAK N GRILL
Judges: ERROL H. POWELL
Agency: Department of Business and Professional Regulation
Locations: Fort Pierce, Florida
Filed: May 24, 2002
Status: Closed
Recommended Order on Thursday, October 31, 2002.
Latest Update: Dec. 24, 2002
Summary: Whether Respondent committed the offenses set forth in the Administrative Complaints and, if so, what action should be taken.Respondent committed several food service violations, four of which were critical violations. Recommend administrative fine and education class.
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND Ap ft,
PROFESSIONAL REGULATION, AI 5
Petitioner, hig oP, é
vs.
License No. 66-02033-R
OUT OF BOUNDS STEAK N GRILL Case No. 4-01-320 ,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: OUT OF BOUNDS STEAK N GRILL,
(“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 2838 SOUTH
US HIGHWAY 1, FORT PIERCE, FL 34982.The last known mailing address is BRANDENBURG
HENRY L-ECNAG, INC., 2888 SOUTH US HIGHWAY 1, FORT PIERCE, FL 34982.
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 August 28, 2001
Kendall Burkett, District Administrator
By delegation of the Director, or designee
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 Certified Article Number
CERTIFICATE OF SERVICE P9373 025 48b
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: _> SENDERS RECORD
| 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
Title Title
Case No: 4-01-320 Revised 7/9/2001
License No: 66-02033-R Business Name: OUT OF BOUNDS STEAK N GRILL
License #: 66-02033R oe
Case #: 04-01-3909 Cy, 4 py
a oA
Exhibit A en On, fy
4
; se proutet Wil Sy s
“FC” as cited herein references specific provisions of the 1999 Food Code, Recommendg of the S*>
United States Public Health Service, Food and Drug Administration, incorporated by Cha pre x€, Florida
Administrative Code. “NFPA" as cited herein references specific provisions of the NationafFifé/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 July 13 and August 20, 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. *53b-1 509.049 FS Food service employee training.--The division shall adopt, by rule,
minimum food safety protection standards for the training of all food
service employees who are responsible for the storage, preparation,
display, or serving of foods to the public in establishments regulated
under this chapter. These standards shall not include an examination
or certification. It shall be the duty of the licensee of the public food
service establishment to provide training in accordance with the
described rule to all employees under the licensee’s supervision or
control. The licensee may designate a certified food service manager
to perform this function as an agent of the licensee.
THE EMPLOYEE TRAINING WAS NOT COMPLETED.
2. 32-9 6-301.12 FC Hand Drying Provision.
Each handwashing lavatory or group of adjacent lavatories shall be
provided with:
(A) Individual, disposable towels;
(B) A continuous towel system that supplies the user with a
clean towel; or
(C) A heated-air hand drying device.
32-14 6-301.11 FC Handwashing Cleanser, Availability.
Each handwashing lavatory or group of 2 adjacent lavatories shall be
provided with a supply of hand cleaning liquid, powder, or bar soap.
NO HAND TOWELS OR SOAP WAS PROVIDED AT THE
HANDWASH SINK.
Exhibit A
Page 1 of 2
License #: 66-02033R
Case #: 04-01- 320
3. 38-2
6-202.11 FC
Light Bulbs, Protective Shielding.
(A) Except as specified in { (B) of this section, light bulbs shall be
shielded, coated, or otherwise shatter-resistant in areas where there is
exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; or
unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.
(B) Shielded, coated, or otherwise shatter-resistant bulbs need not be
used in areas used only for storing FOOD in unopened packages, if:
(1) The integrity of the packages can not be affected by
broken glass falling onto them; and
(2) The packages are capable of being cleaned of debris from
broken bulbs before the packages are opened.
(C) An infrared or other heat lamp shall be protected against breakage
by a shield surrounding and extending beyond the bulb so that only
the face of the bulb is exposed.
THE LIGHT SHIELD WAS MISSING AT THE GRILL COOK
AREA.
Exhibit A
Page 2 of 2
Docket for Case No: 02-002160
Issue Date |
Proceedings |
Dec. 24, 2002 |
Final Order filed.
|
Oct. 31, 2002 |
Recommended Order issued (hearing held August 16, 2002) CASE CLOSED.
|
Oct. 31, 2002 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
|
Sep. 20, 2002 |
Petitioner`s Proposed Recommended Order (filed via facsimile).
|
Sep. 12, 2002 |
Transcript of Proceedings filed. |
Aug. 19, 2002 |
Petitioner`s Exhibit List filed.
|
Aug. 16, 2002 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Aug. 07, 2002 |
Petitioner`s Witness List (filed via facsimile).
|
Jun. 19, 2002 |
Order of Pre-hearing Instructions issued.
|
Jun. 19, 2002 |
Notice of Hearing issued (hearing set for August 16, 2002; 9:30 a.m.; Fort Pierce, FL).
|
Jun. 12, 2002 |
Order Granting Consolidation issued. (consolidated cases are: 02-002160, 02-002161)
|
Jun. 07, 2002 |
Amended Motion for Consolidation (filed by Petitioner via facsimile).
|
Jun. 05, 2002 |
Motion for Consolidation (of case nos.02-2170, 02-2171, 02-2160, 02-2161 ) filed.
|
May 31, 2002 |
Petitioner`s Response to the Initial Order filed.
|
May 31, 2002 |
Motion for Consolidation (of case nos. 02-2160, 02-2161 ) filed by Petitioner.
|
May 24, 2002 |
Initial Order issued.
|
May 24, 2002 |
Election of Rights (filed via facsimile).
|
May 23, 2002 |
Administrative Complaint filed.
|
May 23, 2002 |
Agency referral filed.
|
Orders for Case No: 02-002160
Issue Date |
Document |
Summary |
Dec. 23, 2002 |
Agency Final Order
|
|
Oct. 31, 2002 |
Recommended Order
|
Respondent committed several food service violations, four of which were critical violations. Recommend administrative fine and education class.
|