Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: FILLIN` STATION CAFE, INC., D/B/A FILLIN` STATION CAFE
Judges: FRED L. BUCKINE
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Jun. 28, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 25, 2002.
Latest Update: Dec. 25, 2024
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STATE OF FLORIDA Mice [
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONg HL 19
DIVISION OF HOTELS AND RESTAURANTS PM 2: gc
DEPARTMENT OF BUSINESS AND OM oe OF
PROFESSIONAL REGULATION, HEARIN ag iy
Petitioner, COKER AD ‘
vs. :
FILLIN' STATION CAFE INC. (THE) License No. 58-04090-R
FILLIN' STATION CAFE (THE) Case No. 4-00-100
Respondent.
!
ADMINISTRATIVE COMPLAINT ‘
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF
HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against:
FILLIN' STATION CAFE INC, (THE), (“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 2631 S, FERNCREEK, ORLANDO, FL 32806,
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 April 05, 2000
sateen
ny
Kendall Burkett, District Administrator
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT: :
Gail Hoge, Senior Attorney
Florida Bar No. 0908289
Department of Business & Professional Regulation .
1940 North Monroe Stréet, Tallahassee, Florida 32399-1007
Telephone 850 - 488-3140 / Facsimile 850 - 488-5074
eed ee eM
. LF) License # 58-04000 R
bad . Case # 04-00- 100
Itis alleged that on February 14, 2000 aiid March 2, 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, 05-5 4-302.12 FC FOOD TEMPERATURE MEASURING DEVICES.
FOOD TEMPERATURE MEASURING DEVICES shall be provided
and readily accessible for use in ensuring attainment and maintenance
of FOOD temperatures as specified under Chapter 3.
THERE WAS NO THERMOMETER PROVIDED IN THE
“KITCHEN AID" REACH-IN COOLER,
2. 15-12 4-501.11FC Good Repair and Proper Adjustment.
(A) EQUIPMENT shall be maintained in a state of repair and .
condition that meets the Tequirements specified in Parts 4-1 and 4-2,
5 (B) EQUIPMENT components such as doors, seals, hinges, fasteners,
uo and kick plates shail be kept intact, tight, and adjusted in accordance
with manufacturers‘ Specifications, .
THE DOOR HANDLE WAS MISSING ON THE "CROSSLEY"
REACH-IN FREEZER.
Exhibit A
Page 1 of 4
eae res
3. 16-18
i) .
4-603.16 FC
Wed License #: 58-04090 R
Case #: 04-00- 1 0
Rinsing Procedures.
Washed UTENSILS and EQUIPMENT shall be rinsed so that
., .. abrasives are removed and cleaning chemicals are removed or diluted
“through the use of water or a detergent- sanitizer solution by using
one of the following procedures:
(A) Use of a distinct, separate water rinse after washing and before
SANITIZING if using:
QA 3-compartment sink,
(2) Alternative manual WAREWASHING EQUIPMENT
equivalent to a 3- compartment sink as specified in § 4-
301.12(C), or .
(3) A 3-step washing, rinsing, and SANITIZING procedure
in a WAREWASHING system for CIP EQUIPMENT;
(B) Use of a detergent-sanitizer as specified under § 4-501.115 if
susing:
(1)Alternative WAREWASHING EQUIPMENT as specified
in { 4- 301.12(C) that is APPROVED for use with a
detergent-sanitizer, or ;
" (2) A WAREWASHING system for CIP EQUIPMENT;
(C) Use of a nondistinct water rinse that is integrated in the hot water
SANITIZATION immersion Step of a 2-compartment sink operation;
(D) If using a WAREWASHING machine that does not recycle the
‘SANITIZING Solution as specified under { (E) of this section, or
alternative manual WAREWASHING EQUIPMENT such as
Sprayers, use of a nondistinct water rinse that is:
(1) Integrated in the application of the SANITIZING
. ., Solution, and oo ; . °
8” OY Wasted immediately after each application; or
~ (E) If using a WAREWASHING machine that recycles the
SANITIZING solution for use in the next wash cycle, use of a
nondistinct water rinse that is integrated in the application of the
SANITIZING solution.
OBSERVED IMPROPER USE OF THE THREE
COMPARTMENT SINK. THE THREE COMPARTMENT SINK
"AT THE BAR WAS USED FOR WASHING AND SANITIZING
ONLY.
Exhibit A
Page 2 of 4
wee ed
6. “45-18 NEPA 96, 8:2.1
Lo ftp FEE he
Ww > Le) License #: 58-04090 R
Case #: 04-00- 100
4. 34-1 3-501.11 Fe Outdoor Storage Surface.
An outdoor storage surface for REFUSE, tecyclables, and returnables
shall be constructed of nonabsorbent material such as concrete or
asphalt and shall be SMOOTH, durable, and sloped to drain,
THE GREASE BIN WAS LOCATED ON THE GROUND.
@IRT)
5. 37-5 6-201,11 FC Floors, Walls, and Ceilings,
Except as specified under 6-201.14, the floors, floor coverings, walls,
wall coverings, and ceilings shall be designed, constructed, and’
installed so they are SMOOTH and EASILY CLEANABLE, except
that antislip floor coverings or applications may be used for Safety
reasons, : .
37-1 61C-1.004(2)(a) FAC ++. The walls, ceilings ... of all bathrooms shall be kept in good
} condition,
(A) THERE WERE MISSING CEILING TILES ABOVE THE
COOK'S MAKELINE AND COOLER,
(®) THERE WERE TWO LARGE HOLES IN THE WALL IN
._ THE MEN'S RESTROOM. |
qualified persons,
” ‘THE FIRE SUPPRESSION SYSTEM WAS LAST INSPECTED
ON 06/99 PER THE SERVICE TAG.
7, 446-1 61C-1.004(5) FAC All fire safety, protection and prevention equipment must be installed,
. on .
. Chapter 101, as adopted by the Division of State Fire Marshal‘in
LIGHTING IN THE DINING AREA WAS
Exhibit A
Page 3 of 4
Feet ee ge ne
ben.
8. 38-2
6-202.11 FC
; Wd License #: 58-04090 R
Case #: 04-00- 100
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 Salling 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,
THERE WAS NO COVER OR SHIELD ON. THE LIGHT BULB
IN THE WALK-IN COOLER.
“Exhibit A
“” Page 4 of 4
Docket for Case No: 02-002733
Issue Date |
Proceedings |
Sep. 25, 2002 |
Letter to S. McKinley from Judge Buckine enclosing Petitioner`s exhibits 1-3 issued.
|
Sep. 25, 2002 |
Order Closing File issued. CASE CLOSED.
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Sep. 23, 2002 |
Petitioner`s Motion to Relinquish Jurisdiction (filed via facsimile).
|
Sep. 12, 2002 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Sep. 03, 2002 |
Unilateral Prehearing Stipulation (filed by Petitioner via facsimile).
|
Aug. 30, 2002 |
Petitioner`s Witness List (filed via facsimile).
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Aug. 30, 2002 |
Petitioner`s Exhibit List (filed via facsimile).
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Aug. 13, 2002 |
Notice of Hearing by Video Teleconference issued (video hearing set for September 12, 2002; 9:00 a.m.; Orlando and Tallahassee, FL).
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Aug. 13, 2002 |
Order of Pre-hearing Instructions issued.
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Aug. 13, 2002 |
Order issued (enclosing rules regarding qualified representatives).
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Jul. 22, 2002 |
Response to Initial Order (filed by Petitioner via facsimile).
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Jul. 15, 2002 |
Order Requesting Hearing Dates issued.
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Jul. 12, 2002 |
Order issued. (DOAH Case No. 00-2830 is reopened as Case No. 02-2733)
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Jun. 28, 2002 |
Motion to Re-Open and Schedule a Hearing (filed via facsimile).
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Jul. 10, 2000 |
Administrative Complaint filed.
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Jul. 10, 2000 |
Election of Rights (filed via facsimile).
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Jul. 10, 2000 |
Stipulation and Consent Order (filed via facsimile).
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Jul. 10, 2000 |
Agency referral (filed via facsimile).
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