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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CHICKEN CENTRAL, 02-004906 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-004906 Visitors: 11
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CHICKEN CENTRAL
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Business and Professional Regulation
Locations: Fort Lauderdale, Florida
Filed: Dec. 31, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 27, 2003.

Latest Update: Sep. 16, 2024
DEPARTMENT OF BUSINESS AND PROF ESSIONAL REGULAT iv DIVISION OF HOTELS AND RESTAURANTS 2 DEPARTMENT OF BUSINESS AND . PROFESSIONAL REGULATION, ve Petitioner, Od . | G0) ( CHICKEN CENTRAL License No, 16-16121-R rc Respondent. Case No. 2-02-207 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: CHICKEN CENTRAL, ("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 ali 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 12801 WEST SUNRISE BOULEVARD #227, SUNRISE, FL 33323-2962.The last known mailing address is SAFARI . FOOD VI INCORPORATED, 12801 WEST SUNRISE BOULEVARD #227, SUNRISE, FL 33323-2962. 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 October 08, 2008 Ken Buck, Acting District Administrator By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Scott-Hill, 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 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:__7002 0460 0007 5573 8952 on this day of , 2002 Received by: Inspector's Signature Operator’s Signature Title ° Title Casa No: 2-02-207 Revised 7/22/2002 Licanss Nov 14-18121-R Business Name: CHICKEN CENTRAL Exhibit A “FC” as cited herein references specific provisions of the 1999 Food Code, Recommendations of the United States Public Health Service, Food and Drug Administraiids, incorporated by Chapier GiC, Florida Administrative Code. “NFPA as cited herein references specific Provisions of the National Fire Protection ated by roferaonce at Chantor 44-2, “F GG OY TOSToASsS at oF voy Association Wiis Sater Coase Fira Pravention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. ccrpor It is alleged that on September 10, 2002 and Septemher 20, 2002, the licensee was in violation of Florida Statute 509(FS) and/or the Rules of thé Division of Hotels and Restaurants, Florida Administrative Code(FAC), in the following particulars: 1. 02-8 3-501.17(A) FC (A) Except as specified in §] (E) of this section, refrigerated, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD prepared and held refrigerated for more than 24 hours in a FOOD ESTABLISHMENT shail be clearly marked at the time of preparation to indicate the date by which the Foon shall be consumed which is, including the day of preparation: (1) 7 calendar days or less from the day that the FOOD is prepared, if the FOOD is maintained at 5°C (41°F) or less; or (2) 4 calendar days or less from the day the FOOD is prepared, if the FOOD is maintained at 7°C (45°F) or less as specified under {| 3-501.16(C). OBSERVED FOOD ITEMS UNDER REFRIGERATION HELD MORE THAN 24 HOURS NOT DATE MARKED. 14-1 4-201.11 FC EQUIPMENT and UTENSILS shail be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions. OBSERVED BULK FOOD CONTAINER IN DISREPAIR. *35a-1 6-501.111 FC Controlling Pests.” The presence of insects, rodents, and other pests shall be controlled to minimize their presence on the PREMISES by: {A) Routinely inspecting incoming shipments of FOOD and supplies; (B) Routinely inspecting the PREMISES for evidence of pests; (C) Using methods, if pests are found, such as trapping devices or other means of pest contro! as specified under §§ 7-202.12, 7- 206,12, and 7-206.13; and (D) Eliminating harborage conditions.’ OBSERVED PRESENCE OF ROACHES IN STORAGE AREA AND IN FOOD STORAGE AREA. *™ CRITICAL VIOLATION

Docket for Case No: 02-004906
Source:  Florida - Division of Administrative Hearings

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