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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs PIZZA AND BREAD, 07-005230 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-005230 Visitors: 21
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: PIZZA AND BREAD
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Nov. 15, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 15, 2008.

Latest Update: Oct. 05, 2024
Now 15 200? 16:08 11/15/2887 16:54 8589219186 DEPR PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, ‘ V5. , Licenta No. 2326124 PIZZA AND BREAD License Type 2010 Respondent. Case No. 2007043637 ADMINISTRATIVE COMPLAINT ‘he DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against PIZZA AND BREAD, ("Respondent”), and says: 1. Patitioner is the state agency charged with regulating the operation of public lodging establishments and public fond service astablishments, pursuant to Seation 20.165 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at all times material harato, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 19780 SW 177 AVE, MIAMI, FLORIDA 334187. The mailing address of racord is PIZZA AND BREAD, at 19760 SW 177 AVE, MIAMI, FLORIDA 33187. . 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 tules promulgated thereto governing operation of the establishment. The violatian(s) found and applicable law are described in Exhibit *A," attachad hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “B", incorporated herein by rafarance. WHEREFORE, Petitioner respectfully requests antry of an Order Imposing one or more of the following penalties: administrative fine not to exceed $1,000 per offense; mandatory attendancé at Respondent's expanse at an edueational program sponsored by the Department's Hospitality Education Program; suspension, revocation, or refugal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, ot the rules promulgated thereto, Signed August 02, 2007 bad | Shannie Kallas, 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 Attomey Florida Bar No. 0153831 ‘Department of Business & Professional Regulation 1940 North Monroe Street Tallahassea, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9 228 1637 7180 3901 9849 5228 1637 | | HEREBY CERTIFY that 4 true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me ont this. day of , 2007, Raceived by: Inspector's Signature Operator's Signature Title Title Gace Number; 2007043627 — File Nurnber; 199856 : Oiptrlet Number: 01 Licenas Nurnbert 2326124 2010 - Form roviaed 07.07.07 PIZZA AND BREAD a3/@5 Now 15 2007 11/15/2887 16:54 8589219186 DEPR PAGE @4/@5 Exhibit A License Number: 2326124 License Type: 2010 PERMANENT FOOD SERVICE Case Number; 2007043637 “FC’ as cited herein referances specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 616, Florida Administrative Code. “NFPA” as cited hereln references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, "Fire Pravention, General Provisions’, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code, “ denotes a critical violation, It is alleged that on July 5, 2007, and July 6, 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. Capy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4,03B=03-1 3-501.16(A)(1) FC: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME (S USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3- 501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3- 401.17(8) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403, 14(E) MAY BE MELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE: OBSERVED POTENTIALLY HAZARDOUS FQQD NOT HELD AT 135 DEGREES FAHRENHEIT OR ABOVE, BEEF STEW HELD AT 120 DEGREES, PORK AT 120 DEGREES, WHITE RICE AT 120 DEGREES, AND COOKED BEANS AT 120 DEGREES, * 2.04-03-1 4.301.117 FC: COOLING, HEATING; AND HOLDING CAPACITIES. EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3, OBSERVED HOT HOLDING EQUIPMENT INCAPABLE OF MAINTAINING HAZARDOUS FOOD AT PROPER TEMPERATURES. Case Number: 2007049637 Fila Number: 19986 z License Number: 2326124 2010 Per tevieen 97.07.07 PiaZA AND BREAD

Docket for Case No: 07-005230
Source:  Florida - Division of Administrative Hearings

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