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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs 459 CHINESE SUPER BUFFET, 05-002732 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-002732 Visitors: 29
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: 459 CHINESE SUPER BUFFET
Judges: DANIEL MANRY
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Jul. 27, 2005
Status: Closed
Recommended Order on Wednesday, December 21, 2005.

Latest Update: Jan. 19, 2006
Summary: The issues presented in this consolidated proceeding are whether Respondent committed the acts and violations alleged in the two administrative complaints, and, if so, what penalty, if any, should be imposed.Respondent, without proof of original employee training, and that failed to keep eggs at the required temperature and that committed other violations should be fined $1,300.
Jul 27 2005 9:04 arf27/ 285 89: ad 8584146749 DEPR OGA PAGE 83/85 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, vs. License No. 5802478 459 CHINESE Reeeem License Type 2010 Permanent Food Service SPI , Case No. 2005000574 ADMI TIVE COMPLAIN The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner’), files this Administrative Complaint against 459 CHINESE SUPER BUFFET, (‘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 Section 20,165 and Chapter 509, Florida Statutes. 2. Respondentis, and has been at all timas material hereto, licerised by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record Is 657 N PRIMROSE DR, ORLANDO, FLORIDA 228035016. The mailing address of record is 459 CHINESE SUPER BUFFET, at 657 N PRIMROSE DR, ORLANDO, FLORIDA 328035016. 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. Inspection documents are attached as Exhibit “B”, incorporated herein by reference. WHEREFORE, Patitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not'to exceed $1,000 par 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 07, 2005 Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No, 0153831 Department of Business & Professional Regulation 1840 North Monroe Street Tallahassee, Florida 32399-1007 ‘CERTIFICATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: ____, ; | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2005, Received by: Inspector's Signature Operator's Signature Title Title Casa Number: 2005000574 Form revised 10/25/04 Lleanse Type: 2010 Permanent Food Service District Number: 04 459 CHINESE SUPER BUFFET License Nurnber: 5802478 Jul 27 2005 9:05 DEPR OGA PAGE @4/@5 arf27/ 285 89: ad 8584146749 License Number; 5802478 . License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005000574 Exhibit A “FC" as clted herein references specific provisions of the 1999 Foad Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. "NFPA" as cited herein references specific Provisions of the National Fire Protection Association Life Safety Cade, 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 October 28, 2004, Qcinber 29, 2004 November 5, 2004 and December 1, 2004 the licensee was in violation of Florida Statute 809(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the follawing particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. 1. 37-02 61C-1.004(6) FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. A.) OBSERVED A GREASE BUILD UP ON THE WALL NEAR THE FRYER, B.) OBSERVED FOOD DEBRIS BUILD UP ON THE FLOORS IN THE CORNERS OF THE KITGHEN, * 2.538-06 61C-4.023(4)(A) FAC ALL PUBLIC FOOD SERVICE EMPLOYEES MUST RECEIVE TRAINING ON PROFESSIONAL HYGIENE AND FOOD BORNE DISEASE PREVENTION. PROFESSIONAL HYGIENE INCLUDES PERSONAL CLEANLINESS AND HYGIENIC PRACTICES IN ACCORDANCE WITH THE FOOD CODE AND TECHNIQUES TO PREVENT CROSS CONTAMINATION, FOOD BORNE DISEASE PREVENTION TRAINING MUST INCLUDE THE TYPES AND CAUSES OF FOOD BORNE ILLNESS, IDENTIFICATION OF POTENTIALLY HAZARDOUS FOOD, AND HOW TO CONTROL OR ELIMINATE HARMFUL BACTERIA IN A FOOD SERVICE ESTABLISHMENT. OBSERVED NO PROOF OF REQUIRED EMPLOYEE. TRAINING FOR FOOD SERVICE EMPLOYEES WHO HAD BEEN EMPLOYED FOR MORE THAN 60 DAYS, * denotes critical violation Exhibit A Case Number. 2005000574 Page 1 License Type: 2010 PERMANENT FOOD SERVICE License Number: 5802478

Docket for Case No: 05-002732
Issue Date Proceedings
Jan. 19, 2006 Final Order filed.
Jan. 05, 2006 Letter to Mr. Luebkemann from M. Quinn regarding the inspection process filed.
Dec. 21, 2005 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 21, 2005 Recommended Order (hearing held October 11, 2005). CASE CLOSED.
Dec. 19, 2005 Notice of Ex-parte Communication.
Dec. 12, 2005 (Respondent`s Proposed) Recommended Order filed.
Dec. 01, 2005 Petitioner`s Proposed Recommended Order filed.
Nov. 28, 2005 Order Granting Extension (Proposed Recommended Orders to be filed by December 1, 2005).
Nov. 23, 2005 Petitioner`s Motion for Extension of Time to File the Proposed Recommended Order filed.
Nov. 17, 2005 Transcript filed.
Oct. 24, 2005 (Respondent`s) Recommended Order filed.
Oct. 11, 2005 CASE STATUS: Hearing Held.
Sep. 20, 2005 Petitioner`s Consolidated Witness List filed.
Sep. 12, 2005 Order of Consolidation (consolidated cases are: 05-2732 and 05-3189).
Sep. 12, 2005 Amended Notice of Hearing (hearing set for October 11, 2005; 9:00 a.m.; Orlando, FL; amended as to Case Numbers).
Sep. 08, 2005 Petitioner`s Motion to Consolidate (filed in DOAH Case No. 05-3189).
Aug. 31, 2005 Order of Pre-hearing Instructions.
Aug. 31, 2005 Notice of Hearing (hearing set for October 11, 2005; 9:00 a.m.; Orlando, FL).
Aug. 30, 2005 Response to Initial Order filed.
Aug. 04, 2005 Letter to Judge Quattlebaum from M. Quinn responding to the Initial Order filed.
Aug. 03, 2005 Amended Initial Order.
Jul. 27, 2005 Initial Order.
Jul. 27, 2005 Election of Rights filed.
Jul. 27, 2005 Administrative Complaint filed.
Jul. 27, 2005 Agency referral filed.

Orders for Case No: 05-002732
Issue Date Document Summary
Jan. 18, 2006 Agency Final Order
Dec. 21, 2005 Recommended Order Respondent, without proof of original employee training, and that failed to keep eggs at the required temperature and that committed other violations should be fined $1,300.
Source:  Florida - Division of Administrative Hearings

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