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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs NATURLA CHICKEN GRILL, 07-005733 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-005733 Visitors: 10
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: NATURLA CHICKEN GRILL
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Dec. 19, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 22, 2008.

Latest Update: Jul. 03, 2024
Dec 19 2007 11:29 12/19/2887 11:25 8584146749 DEPR OGA PAGE STATE OF FLORIDA, : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Vs. . NATURLA CHICKEN GRILL {oe ae saore’ Respondent. Case No, 2007040484 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against NATURLA CHICKEN GRILL, ("Respondent"), and says: 4. Patitioner is the state agency charged with raguiating the operatian of public lodging establishments and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. 2. Respondent fs, and has been at all tities material hereto, licensed by or. subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 4861 COCONUT CREEK PKWY, COCONUT GREEK, FLORIDA 33063, The mailing address of record is NATURLA CHICKEN GRILL, at 4861 COCONUT CREEK PKWY, COCONUT CREEK, FLORIDA 33063. 3. Inspection of this establishment conducted pursuant te See, 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The viotation(s) found and applicabla law are deserlbed In Exhibit "A," attached hereto and incorporated herein 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 exceed $1 ,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsared by the Department's Hospitality Education Program, suspension, revocation, or refusal of a llcense issued pursuant fo this Chapter, and/or any other rallef authorized by Chapter 509, Florida Statutes, or the rulas promujyatechihereto. . . Signed Saptember 04, 2007 . Ken Buck, District Manager By delegation of the Director, or dasignee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attormey Florida Bar No. 0153831 . Department of Business & Professional Regulation 4940 North Monroe Street . Tallahassee, Florida 32398-1007 GERTIFIGATE OF SERVICE ; BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: ] HEREBY CERTIFY that a true and correct copy o' f {he foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of ___, 2007... Received by: Inspector's Signature Operator's Signature Title Tile Case Number: 2007049484 — File Number: 202912 Bistriet Number: 02 Form ravised 07.07.07 License Number: 1620797 2070 NATURLA CHIGKEN GRILL 63/86 Dec 19 2007 11:29 12/19/2687 11:25 8584146749 DEPR OGA PAGE Exhibit A Ucense Number: 1820797 . License Type; 2010 PERMANENT FOOD SERVICE . Case Number: 2007049484 "EC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incarperated by Chapter 61C, Florida Administrative Cade, “NEPA” as cited herain references specific provisions of the National Fire Protection Association Life Safety Code, Incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions’, Florida Administrative Code, and 616-1 .004(5), Florida Administrative Code. “" denotes a critical violation. It ls alleged that on August 21, 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 Inspaction(s) are attached hereto and incorporated by reference as Exhibit B. ; * 4,03B-02-1 3504.16 (A)(1) FG: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME 1S 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- 401.11{B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130. DEGREES FAHRENHEIT OR ABOVE; A. OBSERVED COOKED VEGETABLES NOT HELD AT ONE HUNDRED AND THIRTY-FIVE (135) DEGREES FAHRENHEIT OR ABOVE....RICE, : B. OBSERVED COOKED MEATS OR POULTRY NOT HELD AT ONE HUNDRED AND THIRTY-FIVE (135) DEGREES FAHRENHEIT OR ABOVE....CHICKEN RICE. © 2. 0BAK231 3-802,17(A)(1) FOs , (A) FOOD SHALL BE PROTECTED FROM CROSS GONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY FROM: (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSGAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B} COOKED READY-TO-EAT FOOD; ; OBSERVED IMPROPER VERTICAL SEPARATION OF RAW ANIMAL FOODS AND READY-TO-EAT FOODS... RAW CHICKEN ABOVE FRESH CORN IN WALK-IN COOLER. * 3.59B-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 GHAFTER. 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 FROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT 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 REGEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AETER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. . District Number: 02. Case Number 2007040484 — File Number: 202912 . Urense Number: 1820787 2010 Form reviaed 07.07.07 NATURLA CHICKEN GRILL 64/66 Dec 19 2007 11:30 12/19/2687 11:25 8584146749 DEPR OGA PAGE 85/86 LOYEE TRAINING PROVIDED. ALL PUBLIC FOOD N_WITH PROOF OF EMPLOYEE TRAINING IVISION INSPECTION OF OBSERVED NO PROOF OF REQUIRED EMP SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISIO UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY D THE ESTABLISHMENT. Ogee Number: 2007049484 Fite Number: 202812 District Number: 02 Lieenge Number: 1820787 2010 ; Form raviged 07.07.07 NATURLA CHICKEN GRILL

Docket for Case No: 07-005733
Source:  Florida - Division of Administrative Hearings

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