Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: MO IMAGE, INC., FLA SPORTS BAR
Judges: JEFF B. CLARK
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Dec. 03, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 25, 2008.
Latest Update: Dec. 26, 2024
Dec 3 2007 11:47
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
V5.
MO IMAGE INC Hears Toooamto
ORTS BAR cense yp
FLA SP Gase No. 3007056205
Respondent.
i
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner’), files this Administrative Complaint against MO IMAGE ING, FLA SPORTS
BAR, (“Respondent”), and says:
1. Patitioner ig 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,
rnin mse dwaRespondentis,-and-has.bean-atalltimes- material hereto, jicensed.by.orsubject ta the jusicdictionobthe ao... <<. con
Division of Hotels and Restaurants, The respondent's business address of racord is 5274 W COLONIAL
DR, ORLANDO, FLORIDA 32808. The mailing address of record is FLA SPORTS BAR, at 11384
SHANDON PKWY, WINDERMERE, FLORIDA 34786, ‘
3. Inspection of this establishment conducted pursuant to Sec. 509,032, Florida Statutes, raveated violations
of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereta governing
operation of the establishment. The violatlon(s) found and applicable law are described in Exhibit "A,”
attached hereto and incorporated herein by reference. Inspection documents ara attached as Exhibit "BP
insorporated herein by reference, ;
WHEREFORE, Patitloner respectfully requests entry ofan Order imposing one or more of the fallowing
penalties: administrative fine not to exceed $1,000 per offense; mandatary 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 rellef
authorized by Chapter 609, Florida Statutes, or the rules promulgated thereto.
Signed October 11, 2007
Cee
Valeria 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 Attomey
Florida Bar No. 0153834
Depariment of Business & Professional Regulation
1240 North Monroe Streat
Tallahassee, Florida 32399-1007
c OF 5)
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been -
hand served by me on this. day of . 2007.
rn Received by:
Inspector's Signature Operator's Signature
- ————__—
Title Title ‘
Gabe Nuniber: 2007066285 ° File Number; 133986 Miletriet Number 04
Lisansa Number: 5809152 2070 Form revised 07.07.07
MO IMAGE ING
Dec 3 2007 11:48
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Exhibit A
License Number: 5809152
License Type: 2010 PERMANENT FOQR SERVICE
Case Number; 2007058205
FG as cited herein referencas specific provisions of the Food Code, Recommendations of the United States
Public Health Service, Food and Drug Administration, incorporated by Chapter 610, Florida Administrative
Code, NFPA as cited herein raferences apecific provisions of the National Fire Protection Association Life
Safety Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida
Administrative Code, and 61G-1,004(5), Florida Administrative Code.
* denotes a critical violation.
Itia alleged that on May 23, 2007, June 26, 2007, September 14, 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 tha raport{a) for the above referenced Inspection(s) are attachad
hereto and incorporated by reference as Exhibit 6.
* 1. 17-41-41 4-302.14 FC: SANITIZING SOLUTIONS, TESTING DEVICES. A TEST KIT OR OTHER
DEVIGE THAT ACCURATELY MEASURES THE CONCENTRATION IN MILLIGRAMS PER LITER OF
SANITIZING SOLUTIONS SHALL BE PROVIDED,
THERE WAS NO CHEMIGAL TEST KIT AVAILABLE WHEN TESTING THE CHEMICAL SOLUTION AT
THE THREE COMPARTMENT SINK, .
* 2 50-071 -509.241(1) FS: (1) LIGENSES; ANNUAL RENEWALS... EACH PUBLIG FOOD SERVICE
ESTABLISHMENT SHALL OBTAIN A LICENSE FROM THE DIVISION. SUCH LICENSE MAY NOT BE
TRANSFERRED FROM ONE PLACE OR INDIVIDUAL TO ANOTHER. IT SHALL BE A MISDEMEANOR OF
THE SECOND DEGREE, PUNISHABLE AS PROVIDED IN S. 775,082 OR 5, 775,083, FOR SUGH AN
ESTABLISHMENT TO OPERATE WITHOUT A LICENSE, ‘
THE ESTABLISHMENT WAS OPERATING WITHOUT A CURRENT DIVISION OF HOTELS AND
RESTAURANTS LICENSE, THE LICENSE EXPIRED ON 4/1/07 AND WAS NOT RENEWED.
* denotes critical violation District o4
Case Number; 2007056295 License Type: 2010
Licanaa Number: 5809162 Fila Number: 133966. -
FLA SPORTS BAR
Docket for Case No: 07-005460
Issue Date |
Proceedings |
Jan. 25, 2008 |
Order Closing File. CASE CLOSED.
|
Jan. 18, 2008 |
Notice of Voluntary Dismissal filed.
|
Dec. 24, 2007 |
Order of Pre-hearing Instructions.
|
Dec. 24, 2007 |
Notice of Hearing (hearing set for January 29, 2008; 9:00 a.m.; Orlando, FL).
|
Dec. 07, 2007 |
Response to Initial Order filed.
|
Dec. 03, 2007 |
Initial Order.
|
Dec. 03, 2007 |
Election of Rights filed.
|
Dec. 03, 2007 |
Administrative Complaint filed.
|
Dec. 03, 2007 |
Agency referral filed.
|