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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs SUB KING, 07-001524 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-001524 Visitors: 14
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: SUB KING
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Apr. 03, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 27, 2007.

Latest Update: Sep. 29, 2024
Apr 3 200° 9:47 Gd/a2/2He7 22:42 8584146749 DEPR OGA PAGE 85/87 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Ve. ‘ License No. 6004519 SLB KING R dent License Type 2010 espon ; . Case No. 2007012046 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against SUB KING, ("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 20.185 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 2700 BROADWAY, RIVIERA BEACH, FLORIDA 33404.The mailing address of record is SUB KING, at 2700 BROADWAY, RIVIERA BEACH, FLORIDA 33404, 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 therato governing operation of the establishment, The violation(s) found and applicable law are described in Exhibit"A,” altached hereto and incorporated herein by reference. inspection documents are attached as Exhibit “B’, incorporated harein by reference. authorized by Chapter 509, Florida Statutes, or Signed March 05, 2007 District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation _COUNSEL FOR THE DEPARTMENT: Charles F. Tunni¢liff, Lead Attorney Florida Bar Ne, 0153837 Department of Business & Professional Regulation 1840 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that 4 true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2007 Raceived by: _ Inspector's Signature Operator's Signature Title Title Case Number 2007012046 District Number; 02 Form revised 10.10.06 Licanse Number, 6004518 2040 SUB KING ei Apr 3 200° 9:48 Gd/a2/2He7 22:42 8584146749 DEPR OGA PAGE 86/a7 E»hibil A License Number: 6004519 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2007012046 "FC" as cited herein references specific provisions of the Food Code, Recommendations of the United States Pubic Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Cote. "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Saatity Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Acininistrative Code, and 61C~1,004(5}, Florida Administrative Code, “" denotes a critical vielation. Kisalleged thaton November 9, 2006, February 21, 2007 the licensee was In violation of Florida Statute 50 FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the fol loving particulars. Copyts) of the report(s) for the above referanced inspection(s) are attached hereto and incoporated by reference as Exhibit 8. 1.10-06 3-304.12(F}FC DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (F) IN A CONTAINER OF WATER IF THE WATER IS MAINTAINED AT A TEMPERATURE OF AT LEAST...(140 DEGREES FAHRENHEIT) AND THE CONTAINER IS CLEANED AT A FREQUENGY SPECIFIED UNDER SUBPARAGRAPH 4-602.11(D){7). OBSERVED ICE-CREAM SCOOP IN STILL WATER AT ROOM TEMPERATURE. * 230-04 5-20314FC BACKFLOW PREVENTION DEVICE, WHEN REQUIRED. A PLUMBING SYSTEM SHALL BE INSTALLED TO PRECLUDE BACKFLOW OF A SOLID, LIQUID, OR GAS CONTAMINANT INTO THE WATER SUPPLY SYSTEM AT EACH POINT OF USE AT THE FOOD ESTABLISHMENT, INCLUDING ON A HOSE SIBB IF A HOSE IS ATTACHED OR ON A HOSE BIBE IF A HOSE 1S NOT ATTACHED AND BACKFLOW PREVENTION IS REQUIRED BY LAW, BY: (A) PROVIDING AN AIR GAP AS SPECIFIED UNDER SECTION 5-202.13; OR (B) INSTALLING AN APPROVED BACKFLOW PREVENTION DEVICE AS SPECIFIED UNDER SECTION 5-202.14. OBSERVED NO BACKFLOW DEVICE ON OUTPCOR HOSE BIBB, * 3.99.02 6-301.14 FC AND 61C-1.004(2\(C) FAC HANDWASHING SIGNAGE. A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES TO WASH THEIR HANDS SHALL BE POSTED AT ALL HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES AND SHALL BE CLEARLY VISIBLE TO FOOD EMPLOYEES. ; A. OBSERVED NO HAND WASHING SIGNS ..,. EMPLOYEE RESTROOM. B, OBSERVED NO PAPER TOWELS OR HAND DRYING DEVICE .... RESTROOM. Case Number: 2007012046 District Number: 02 Ucensa Number: 6004519 2010 Form revised 10.10.06 SUB KING yp Apr 3 200° 9:48 Gd/a2/2He7 22:42 8584146749 DEPR OGA PAGE @7/a7 * 4538-01 509.049FS FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RIULE, 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 PROVIDEFORAFOOQD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY APRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFICTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVEW 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 41, 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 VERIFIGATION OF FOOD SERVICE SAFETY TRAINING. 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: 2007012046 District Number: 02 Lleonse Number: 6004519 2010 Form revised 10.10.06 SUB KING pp

Docket for Case No: 07-001524
Issue Date Proceedings
Jun. 28, 2007 Transmittal letter from Claudia Llado forwarding records to the agency.
Jun. 27, 2007 Order Closing File. CASE CLOSED.
Jun. 25, 2007 Joint Motion to Relinquish Jurisdiction filed.
Jun. 21, 2007 Order Regarding Proposed Recommended Orders.
Jun. 21, 2007 Transcript of Hearing Proceeding filed.
Jun. 12, 2007 CASE STATUS: Hearing Held.
Jun. 08, 2007 Notice of Substitution of Counsel (filed by D. Winters).
May 24, 2007 Order Allowing Simonne Lawrence to Appear as a Qualified Representative on Behalf of Petitioner.
May 22, 2007 Petitioner`s Motion to Accept Qualified Representative filed.
May 22, 2007 Affidavit of Simonne Lawrence filed.
Apr. 24, 2007 Petitioner`s Exhibit List filed.
Apr. 24, 2007 Petitioner`s Wtiness List filed.
Apr. 24, 2007 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for June 12, 2007; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Apr. 23, 2007 Petitioner`s Response to Respondent`s April 20, 2007 Letter filed.
Apr. 19, 2007 Letter to Judge Van Laningham from S. Brady regarding rescheduling the hearing date filed.
Apr. 12, 2007 Order of Pre-hearing Instructions.
Apr. 12, 2007 Notice of Hearing by Video Teleconference (hearing set for May 15, 2007; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Apr. 09, 2007 Response to Initial Order filed.
Apr. 03, 2007 Administrative Complaint filed.
Apr. 03, 2007 Election of Rights filed.
Apr. 03, 2007 Agency referral filed.
Apr. 03, 2007 Initial Order.
Source:  Florida - Division of Administrative Hearings

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