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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs UNIVERSAL PIZZA, 06-003114 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-003114 Visitors: 14
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: UNIVERSAL PIZZA
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Aug. 22, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 23, 2006.

Latest Update: Dec. 28, 2024
STATE OF FLORIDA - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS ‘ F 4 DEPARTMENT OF BUSINESS AND 200 AUG 22 Al Wg PROFESSIONAL REGULATION c~, . , : Petitioner, (Cl sil of GIVISION OF vs. 7 No. 509580 AD iM iN an fel VE . icense No. : CARIN UNIVERSAL PIZZA License Type 2010 Permanent Food Service Respondent. Case No, 2005010185 / . . ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complairit against UNIVERSAL PIZZA, , ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments.and__..____ WHEREFORE, Petitioner respectfully requests entry of an Order imposirig - penalties: administrative fine not to exceed $1,000 per offense: mandatory attendance at Respondent's ‘Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE _BY CERTIFIED. U.S. MAIL, ARTICLE NUMBER: public food service establishments, pursuant to Section 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 business address of record is 5667 VINELAND RD, ORLANDO; FLORIDA 32819.The mailing address of record is UNIVERSAL PIZZA, at 5667 VINELAND RD, ORLANDO, FLORIDA 32819. : . 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 dacuments are attached as Exhibit “B’, incorporated herein by reference. expense at an educational program sponsored by the Department's Haspitality Education Program; suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other rellef authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed March 01, 2005 : Co. Ph 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 an Department of Business & Professional Regulatiof 1940 North Monroe Street | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me an this. day of , 2005, Recelved by: Inspector's Signature . ‘Operator's Signature Title . / Title Case Number. 2005010185 "Form revised 03.01.05 License Type: 2010 Permanent Food Service te District Number: 04 Licsnse Number: 5809589 EXHIBIT AN UNIVERSAL PIZZA one or more of the following License Number: 5809589 . License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005010185 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 Administration, incorporated by Chapter 61C, Florida Administrative Code. "NFPA" as cited herein references specific provisions of the National Fire 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 December 13, 2004 and January 20; 2005 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. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B.” * 1, 34-03 509,227(2)(A) FS AND 616-4.010(7) FAC EAGH PUBLIC FOOD SERVICE ESTABLISHMENT SHALL MAINTAIN A MINIMUM OF ONE PUBLIC BATHROOM FOR EAGH SEX, PROPERLY DESIGNATED, EXCEPT AS PROVIDED HEREIN: (A) MOBILE FOOD DISPENSING . VEHICLES, THEME PARK FOOD CARTS, VENDING MACHINES AND PUBLIC FOOD SERVICE ESTABLISHMENTS OR FOOD VENDORS PARTICIPATING IN TEMPORARY FOOD SERVICE EVENTS SHALL NOT BE REQUIRED TO HAVE ANY PUBLIC BATHROOMS. ~(B) PLACES SERVING FOOD OR DRINK ON A TAKE-OUT, CARRY-OUT OR DELIVERY BASIS ONLY WHICH PROVIDE NO SEATING SHALL BE REQUIRED TO PROVIDE A MINIMUM OF ONE BATHROOM ACCESSIBLE TO THE PUBLIC. (C) ARCADES, MALLS, OR FLEA MARKETS CONTAINING PUBLIC FOOD SERVICE ESTABLISHMENTS WHICH OFFER NO SEATING WITHIN THE PUBLIC FOOD SERVICE ESTABLISHMENT MAY HAVE, CENTRALLY LOCATED BATHROOM FACILITIES ACCESSIBLE TO PATRONS OF THE ESTABLISHMENTS IN THE ARCADE, MALL, OR FLEA MARKET PROVIDED SUCH BATHROOM “FACILITIES ITHIN 300 FEET OF EACH ESTABLISHMENT. (D) PUBLIC FOOD SERVICE ESTABLISHMENTS LOCATED WITHIN THEME PARKS AND ENTERTAINMENT COMPLEXES MAY UTILIZE CENTRALLY LOCATED BATHROOM FACILITIES ACCESSIBLE TO PATRONS OF THE ESTABLISHMENTS IN THE THEME PARK OR ENTERTAINMENT COMPLEX PROVIDED SUCH BATHROOM FACILITIES ARE REASONABLY ACCESSIBLE. FOR PURPOSES OF THIS SECTION, REASONABLY ACCESSIBLE MEANS WITHIN 300 FEET OF EACH ESTABLISHMENT. (E) PUBLIC FOOD SERVICE ESTABLISHMENTS WHICH SEAT 10 PERSONS OR LESS SHALL BE REQUIRED TO PROVIDE A MINIMUM OF ONE BATHROOM ACCESSIBLE TO THE PUBLIC, (F) PUBLIC FOOD SERVICE ESTABLISHMENTS LOCATED WITHIN A PUBLIC LODGING ESTABLISHMENT SHALL BE PERMITTED TO UTILIZE PUBLIC BATHROOMS LOCATED WITHIN THE PUBLIC LODGING ESTABLISHMENT PROVIDED SUCH BATHROOMS ARE AVAILABLE FOR USE BY THE PATRONS OF THE PUBLIC FOOD SERVICE ESTABLISHMENT DURING ALL HOURS OF OPERATION, ARE WITHIN 300 FEET OF THE PUBLIC FOOD SERVICE ESTABLISHMENT, AND ARE LOCATED ON THE SAME FLOOR AS THE PUBLIC FOOD SERVICE ESTABLISHMENT. FOR PURPOSES OF THIS RULE, THE SAME FLOOR INCLUDES ANY. INTERMEDIATE LEVELS BETWEEN THE FLOOR AND CEILING OF ANY ROOM OR SPACE WITHOUT RESTRICTION AS TO VERTICAL HEIGHT. OBSERVED ESTABLISHMENT OPERATING WITH 20 SEATS AND ONLY ONE BATHROOM. * denates critical violation Exhibit A Case Number: 2005010185 : Page 1 License Type: 2010 PERMANENT FOOD SERVICE License Number: 5809589 2, 61-12 61C-1.002(6)(C)(1) FAC ©THE OPERATOR OF EACH PUBLIC FOOD SERVICE -ESTABLISHMENT TO BE NEWLY CONSTRUCTED, REMODELED, CONVERTED, OR REOPENED SHALL SUBMIT PROPERLY PREPARED FACILITY PLANS AND SPECIFICATIONS TO THE DIVISION FOR REVIEW AND APPROVAL iN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 509, FS, AND RULE CHAPTERS 61C-1 AND 610-4, FAC. SUCH PLANS MUST BE APPROVED BY-THE DIVISION PRIOR TO CONSTRUCTION, REMODELING, CONVERSION, SCHEDULING OF AN OPENING INSPECTION AND LICENSING. THE FACILITY.FAILED TO SUBMIT PLANS TO THE DIVISION OF HOTELS AND RESTAURANTS FOR CHANGES MADE TO THE KITCHEN. * denotes critical violation ; Exhibit A ‘Case Number: 2005010185 Page 2 License Type: 2010 PERMANENT FOOD SERVICE License Number: 5809589 j- oo } . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ’ Division of Hotels and Restaurants i HT ! fer CALL BACK/RE-INSPECTION REPORT, * bige he f ° . 200 ity ig Ages? 4g LODGING [FOOD SERVICE Bi NOTICE TO SHOW CAUSE You wilt he tssued a Notice to how Cause why sanctions should not be assessed against your license. A hearing will be held at a time and place to ba designated by the director. Owner Name: Zsnwi / Uy; ys , Business Name: - th c vewsal Lower. Business Address: 500 $ y U rte. an Lt AL Business City: DeLee WARNING OF DIRECT NOTICE: Failure to be in compliance ‘with-this-notice-atamy | future inspection may result in a direct Notice to Show Cause, edearing requested COut of business C1Comalied -ENot complied ry -_]Pre-conference ClPre-hearing "TLJ0n Stipulation (10n Hearing Order ‘Dother: « Citime extended’ = date: Lo times : ERECTA NAME [PLEASE PR "Cae el P| OFFICE TELEPHONE DATE ; a § SSG B7- /3F : /_ | 20} S~ DBPR Forni HR 5022-005 f antl MyFlorida.com : : Ravlean Qn Ane 4A [S58 |O7 S39 )- ) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION : > Division of Hotels and Restaurants CONTROL NUMBER - INSPECTOR Coutity File Number : LEGAL NOTIGE LICENSING pstricT OD . . iam Vendin ag a sie t Mh Ke tb leo {0: ug "| OWNER NAME BOG go tle fess) es pes p espa pes) iag BRB Oo Qo hy veréa.| p, fi visiea BQ 08a ‘ae apa ADM #cjeo8ao| | on SCF Us neler? Hebe EY E frrgta) etapa) os or ZP(Optonaly | > ieee eat | Orlane _ (3239 No, of Seats IP General Saating 20 EXHIBIT B “INSPECTION REASON - “Oba 163 24] sats sale “Year |[in BBE | Our ; : . Failure to comply with this Notice may Initiate an ee a | 2M | ¥30 1@® Routine administrative complaint that may result in mw CO eo CO eo a a Complaint suspension or revocation of your license and fine: F |) owe @ ow 4 © Information INSPECTION RESULTS _ 3/8) @Reg | Oa 5 C2 Epidamiotagical 1 © ANY VIOLATIONS noted herein must be on|osl ae 2a : DISPOSITION corractad by tha NEXT ROUTINE INSPECTION, a] el! oe eB | 2 & wannine: 7 . - Violations in the operation of your a 3B i) establishment myst be: correpted by: a ov |oaa trper ; ia] Oo HACCP | INSPECTION 3 © | ADMINISTRATIVE COMPLAINT tecommended, @ 7 Gpet Be Inspect on Ver. sos ' license Viol. abies easone . 6 © EMERGENCY ORDER recommended ‘ ased upon a severe and immediate VIOLATIONS . / NOTE: ITEMS IN RED AND MARKED WITH AN ASTERISK ARE OF CRITICAL CONCERN’: AND MUST BE CORRECTED IMMEDIATELY.” famalad See raverse side ‘for explanation of citations, oat or 140 239 saljeaial3 “sop threat to the publle. ITEM ‘03: Foap, TEMPERATURE! Ircted temperattires aye in vialalidn’ ‘oad Manager.Nome . . “0203 08b) 1609 2s Oo eo “asa *oeef 170) el 3sh) 4309 sa “bt 090 18 2700 360) 4409 9b . O10 O29 970 8 rod) iC ‘20a 28 ‘03 “46 8 ‘M4E 12a} '20bf 9009 98 47 5s OE 2b af no Oso so 63 nO 20 329 = sO CIRCLED ITEMS ARE _t N. AA [OLATION ’ ITER "20: WAREWASHING SANITIZATION: * ie ATER 4 SUPPRESSION Systane * 0" Fe SenRIGUISHER Date(s) Sanitizing Concentration. ppm degreas F ONAL GOMMENTS ON ATTACHED-COMMENT SHE! lacknowledge receipt of this Inspection form and comments. REMINDER: Yo Your license expires — a ny mee Recipients Name (PLEASE PRINT] Inspector's Name {} oF wy ij i t Reciptent's Title Title : $.s5.S5. ; Sanitizing Tamperature [COMMENTS Eniaifishment Telephone : ; Date and Time Office Telephone : Date 207 f oO 550 4387 ISIS . wey. | ) a } : . State of Florida : Control! Number Department of Business and Professional Regulation . Division of Hotels and Restaurants , S58 OZSET www. hospitalityeducation.org ip He ery eHBTB EDS COMMENTS 8 SHEET . ih MUG 22 Aig 2 ne estab: “Ino vc Lojutulag oh si 8 ads aud: has only ene bath coom. “Zo operate has ae fo sehr ¢ plans fo PEKK .- This volt. le correctest by (faxfoy | SY)_Olscsed facile cil Ha ofecsstieg a a fad service establis hue Sapa z7/oY tree Ss load _Ne\e O ype de Lars he & “fo cacloce Tee. Lieese Seats a 20 ye LO. Aatacse ra clues s DBPR Form HR 8022-042 MyFlorida.com : 2001 November 01 LEGAL NOTICE } DEPARTMENT OF BUSINESS AND FROFESSIONAL REGULATION, Division of Hotels and Restaurants _ CONTROL NUMBER. ”--° | INSPECTOR Air FOOD SERVICE INSPECTION REPO Ma | Counsy File Number : pistaier Qo e Bean . = 5D o 45S 2 | | @ OWNER wey rE Eat i ageogaa eq |. bona, ys : SReoamals} ae | faasissnang 70 AUG 2 Ate q eee, foe eae tity ; © Food Gat Boganaaa exp] WDDRESS ay Oh Me SVGoe05 ag 57 Ad ADMI We rary 5 . P6A$ g AE NERY HGSemp. Assoc. cay yy , / eo 4 Wr ; w/Parm, Est. aw | belonite, Myla. Jag) Beaaes © General ©) Seating od : EXHIBIT B |._:"_INSPECTION-REASON-.—.— Failure ta camply with this Notice may Initiate an administrative complaint that may result In suspension or revocation of your license and fines INSPECTION RESULTS 1 @ Routine 8 © Complaint 4 © Infonnatlon 1 @ ANY VIOLATIONS noted herein must be B 5 £3 Epldemlalogical ag mo me . DISPOSITION - corractad by tha NEXT ROUTINE INSPECTION, (ta) @ @ & @ Panding - | 2C3 WARNING: . e| «| low foo seat eae | BB o| ‘joa a ‘ a Dates~————__—— Times era ere INSPECTION |" "3 CAB MINISTRATIVE COMPLAINT recommended, | ~ @ x3) Be . ; @ [x3] 5 Seasonal — @ =) . 6 () EMERGENCY ORDER recommended based upon a severe and immediate threat to the public, ] FOOD TEMPERATURE ircled temperatures are in. Vialall “ANASTERISK ARE OF CRITICAL CONCERN! ‘ AND MUST BE CORRECTED IMMEDIATELY: : See reverse side for explanation of citations. ‘oa ort 14 230 98 }eate HQ a = — = = Ll al a o mer Ob esa) 150 24) aah st me 02 coeb) 16 ests ae RO eal Cd a al all _ al = mm a a me a ~ 7 CIRCLED ITEMS at ee a Re 7°30: WAREWASHING SANITIZATION : ‘ob 090) 18O9 "270 (9609 44 sbi Sanitizing Concentration ppm ‘oe 100) 19) “28 9709 48 a , ° Sanitizing Temperature. _________ dagrees F, tod} 20 2809 989 ee Bsr es za 2b 2009 8 a7 BOwO 10 NO. 400 a 679 190 22C3 82 _° 500} / acknowledge receipt of this inspection form and comments, "| Reelptent's Name (PLEASE PRINT) Recipient's Tile we, Reciplent's Signanire © 7) : Extablishment Telephone Date and Time

Docket for Case No: 06-003114
Issue Date Proceedings
Feb. 14, 2007 Petitioner`s Second Set of Interrogatories to Respondent filed.
Oct. 24, 2006 Transmittal letter from Ann Cole forwarding the hearing exhibits to the agency.
Oct. 23, 2006 Order Closing Files. CASE CLOSED.
Oct. 20, 2006 Joint Motion to Relinquish Jurisdiction filed.
Oct. 18, 2006 CASE STATUS: Hearing Held.
Sep. 27, 2006 Petitioner`s Witness List filed.
Sep. 27, 2006 Petitioner`s Exhibit List filed.
Sep. 08, 2006 Order of Pre-hearing Instructions.
Sep. 08, 2006 Notice of Hearing by Video Teleconference (hearing set for October 18, 2006; 9:00 a.m.; Orlando and Tallahassee, FL).
Sep. 08, 2006 Order of Consolidation (DOAH Case Nos. 06-3113 and 06-3114).
Aug. 25, 2006 Petitioner`s Motion to Consolidate (filed in DOAH Case No. 06-3113).
Aug. 25, 2006 Response to Initial Order filed.
Aug. 22, 2006 Initial Order.
Aug. 22, 2006 Administrative Complaint filed.
Aug. 22, 2006 Election of Rights filed.
Aug. 22, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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