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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs ALEHOUSE ROCK CAFE, 07-001411 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-001411 Visitors: 20
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
Source:  Florida - Division of Administrative Hearings

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