Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: HONG KONG BILLIARDS
Judges: FRED L. BUCKINE
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Dec. 01, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 18, 2006.
Latest Update: Dec. 26, 2024
Dec 1 2005 13:28
12/a1/2885 13:23 8584146749 DEPR OGA PAGE @4/@5
WEOTUVe Ty guuS LOTS T/Srw i TY /No, BRAGGIGTSE PF
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
v5.
License No, 5806231
HONG KONG BILLIARDS License Type 2010 Parmanent Food Service
Raspondent, Case No, 2005046089
i
ADWONISTRAT WE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, OMISION OF HOTELS AND
RESTAURANTS, {"Petitioner’), files this Administrative Complaint against HONG KONG BILLIARDS,
(“Respondent”), and says.
4. Patitioner is the state agency charged with regulating the operation of public lodging establishments and
public fond service establishments, pursuant to Section 20,185 and Ghapter 509, Florida Statutes,
2, Respondent is, and has bean at all times material herete, licensed by or subject ta the jurisdiction of the
Division of Hotels and Restaurants. The respondent's business address of record is 1171 E COLONIAL
DR, ORLANDO, FLORIDA 326034635. The mailing address of record is HONG KONG BILLIARDS, at324
ENGLISH OAK CT, ORLANDO, FLORIDA 32807.
3, Inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, revealed violations
of thé provisions of Chapter 509, Florida Slatutes, and for the rules promulgated therete 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 cocuments are attached as Exhibit “5”,
incorporated herein by reference.
WHEREFORE, Petitioner respectiully requests entry of an Onder impesing one of riore of the following
penalties: administrative fine not to oxseed $1,000 per offense; mandatory attendance at Respondent's
axpense at an educational program spongared by the Department's Hospitelity Education Program,
suspension, revocalion, of refugal of a license issued pursuant to this Chapter, and/or any other relief
authorized by Chapter 509, Florida Statutes, or the rufes promulgated thereto.
Signed September 07, 2005 = + .
jp Md Onn
. heather, tet —_
Valerie Freaman, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Businoss & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Charles F. Tunniclift, Lead Attorney
Florida Bar No, 0155831
Department of Business & Professional Reguialton
41940 North Monroe Street
Tallahassee, Florida 32399-1007
CERTIFIC OF SERVIC
BY CERTIFIED U.S, MAIL, ARTICLE NUMBER:
ti .
THEREGY CERTIFY that at nd correct copy of Ine foregoing ADMINISTRATIVE COMBPLAINT has been
ir tved by ma oni ed oF £ oben. . a 2008. Z
Received by: _
Operator's Signature
erriived,
Title
Gade Number, 2008006089 Foon revised 08.19.05
Litenee Type: 2090 Permarient Food Sonics . Distthet Murthtxr, Od
: HONG KONG BILLIARDS
License Numoer, SB06297
Dec :
12/81/2885 13:23 8584146749 DBPR OGA » 2008 Ste
* , PAGE
License Number 5806237
License Type’ 2010 PERMANENT FOOD SERVICE
Case Number; 2005046089
Exhipit A
“EC” as cited herein teferences specific provisions of the Food Code. Recommendations of the United States
Public Health Service, Food and Drug Administration, incorporated by Chapter 616, Florida Administrative
Code. "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life
Safety Code, incorporated by reference at Chapter 44-3. "Fire Prevention, General Provisions", Florida
Administrative Code, and 61 C-1.004(5), Florida Adrninistrative Code,
itis alleged that on April 26, 2005, April 27, 2005 and June 10, 2005 the licensee was in violation of Florida
Statute OS(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code
(FAC), in the fallowing particulars. Copy(s) af the report(s) for the above referenced inspection(s) are attached
hereto and incorporated by reference as Exhibit B.
+ 4.9038-03 3-507.16(B) FC EXCEPT DURING PREPARATION. COOKING, OR COOLING, OR WHEN
TIME 1S USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER 3-501.19, POTENTIALLY
HAZARDOUS FOOD SHALL BE MAINTAINED: (B)...(47 DEGREES F) OR LESS, EXCEPT AS SPECIFIED
UNDER (C) OF THIS SECTION AND 3-501.17, 3-501.18, AND 4-204.144
POTENTIALLY HAZARDOUS FOQDS WERE HELD AT GREATER THAN 41 DEGREES FAHRENHEIT.
EGGS WERE 57 DEGREES FAHRENHEIT AND FRIED TOFU WAS 59 DEGREES FAHRENHEIT.
* §2,04-01 4-307,11 FC COOLING. HEATING. AND HOLDING CAPACITIES. EQUIPMENT FOR
COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN
NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER GHAPTER 3.
THE HOLDING EQUIPMENT WAS INCAPABLE OF MAINTAINING POTENTIALLY HAZARDOUS FOOD
AT 41 DEGREES FAHRENH EIT OR BELOW.
* denotes critical violation Exhibit A
Case Number: 2005046089 ; Page 1
License Typa: 2010 PERMANENT FOOD SERVICE
License Number: 5806231
65/85
Docket for Case No: 05-004368
Issue Date |
Proceedings |
Jan. 18, 2006 |
Order Closing File. CASE CLOSED.
|
Jan. 17, 2006 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jan. 11, 2006 |
Petitioner`s Witness List filed.
|
Jan. 11, 2006 |
Petitioner`s Exhibit List filed.
|
Jan. 04, 2006 |
Order of Pre-hearing Instructions.
|
Jan. 04, 2006 |
Notice of Hearing (hearing set for February 6, 2006; 10:00 a.m.; Orlando, FL).
|
Dec. 28, 2005 |
Response to Initial Order filed by Petitioner.
|
Dec. 27, 2005 |
Response to the Initial Order filed.
|
Dec. 16, 2005 |
Amended Initial Order.
|
Dec. 12, 2005 |
Undeliverable envelope returned from the Post Office.
|
Dec. 01, 2005 |
Election of Rights filed.
|
Dec. 01, 2005 |
Administrative Complaint filed.
|
Dec. 01, 2005 |
Agency referral filed.
|
Dec. 01, 2005 |
Initial Order.
|