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
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#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
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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.
|