Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: ALEHOUSE ROCK CAFE
Judges: PATRICIA M. HART
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Mar. 23, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 29, 2007.
Latest Update: Dec. 23, 2024
Mar 23 200? 11:14
aa/2a/28e7 1e:ag 8584146749 DEPR OGA PAGE @4/@5
‘STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
VB.
ALEHOUSE ROGK CAFE Coane ro. 1619878
Respondent. Case No. 2007007001
ADMINISTRATIVE LAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner”), files this Administrative Complaint against ALEHOUSE ROCK CAFE,
(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. 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 respandent’s business address of record ig 1047 N SR 7,
MARGATE, FLORIDA 33063.The mailing address of record is ALEHOUSE ROCK CAFE, at 1047 SR 7,
MARGATE, FLORIDA 33063, ‘ ;
3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations
of the provisions of Chapter 809, 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 hereta and incorporated hereln by reference. Inspection documents are attached as Exhibit “B”,
incorporated herein by reference.
WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following
penalties: administrative fine not to excaed $1,000 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 roles mf thereto.
Signed February 06, 2007
Ken Buck, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants ,
Department of Business & Professional Regulation
GOUNSEL FOR THE DEPARTMENT:
Charles F. Tunnicliff, Lead Attorney
Florida Bar No, 0153831
Department of Business & Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-1007 ,
ERTIFICATE OF SERVICE
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER; :
THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this day of , 2007
Received by:
Inspector's Signature Operator's Signature
Title Title
Gage Number: 2007007001 District Number: 02
Fort revised 10.10.08
Litense Number: 118675 2010
ALEHOUSE ROCK CAFE
Mar 23 200? 11:14
DEPR OGA PAGE 85/85
ga/2a/28e7 1e:ag 8584146749
Exhibit A
License Number: 1619675
License Type: 2010 PERMANENT FooD SERVICE
Case Number: 2007007004
"FC" as cited bersin references specific provisions of the 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 referencas specific provisions of the National Fire Protaction Association Life
Safety Code, incorporated by reference at Chapter 44-3, "Fire Prevention, General Provisions", Florida
Administrative Coda, and 61C-1.004(5), Florida Administrative Code.
“" denotes a critical violation.
it is allaged that on October 17, 2006, November 22, 2006, January 29, 2007 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.
* 1.46-08-1 61C-1.004(10) FAC: EXITS SHALL BE CLEARLY MARKED WITH APPROVED -
ILLUMINATED EXIT SIGNS.
OBSERVED EXIT SIGNS NOT PROPERLY ILLUMINATED....FAILS TO LIGHT UNDER TEST,
2.51-16-1 61C-1,002(6(CX1) FAC: (1) 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. :
OBSERVED NO PLAN REVIEW SUBMITTED AND RENOVATIONS IN PROGRESS,
* 3.598-08-1 509.049 FAC: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT,
By RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD
SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR
SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER,
THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD
SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED
BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING
PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE
EFFECTIVE DATE OF THIS AGT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS
REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE
ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL
EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE
A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE
LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS
SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000,
MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT, CERTIFICATION PURSUANT
TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS.
OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. ALL PUBLIC FOOD
SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING
UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF
THE ESTABLISHMENT.
Case Number: 2007007004 District Number; 02
Licanse Number: 1618875 2010 Form revised 10.10.05
ALEHOUSE ROCK CAFE
$A re eS a reassess pS PSS
Docket for Case No: 07-001411
Issue Date |
Proceedings |
May 29, 2007 |
Order Closing File. CASE CLOSED.
|
May 25, 2007 |
Notice of Voluntary Dismissal filed.
|
May 24, 2007 |
Amended Petitioner`s Exhibit List filed.
|
May 23, 2007 |
Petitioner`s Motion to Accept Qualified Representative filed.
|
May 21, 2007 |
Notice of Appearance of Counsel (filed by D. Winters).
|
Apr. 11, 2007 |
Petitioner`s Witness List filed.
|
Apr. 11, 2007 |
Petitioner`s Exhibit List filed.
|
Apr. 06, 2007 |
Order of Pre-hearing Instructions.
|
Apr. 06, 2007 |
Notice of Hearing by Video Teleconference (hearing set for May 31, 2007; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Mar. 27, 2007 |
Response to Initial Order filed.
|
Mar. 23, 2007 |
Initial Order.
|
Mar. 23, 2007 |
Administrative Complaint filed.
|
Mar. 23, 2007 |
Election of Rights filed.
|
Mar. 23, 2007 |
Agency referral filed.
|