Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: BURGER KING, NO. 8742
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Vero Beach, Florida
Filed: Feb. 04, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, February 20, 2009.
Latest Update: Dec. 25, 2024
Feb 4 2009 13:40
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‘STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT GF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
YS.
BURGER KING 8742 teens ect ah
Respondent. Casa No. 2008018872
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner”), files this Administrative Complaint against BURGER KING 8742,
(‘Respondent’), and says:
1. Petitioner is the state agency charged with regulating the operation of public lodging establishinents and
public food service establishments, pursuant fo 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 reapondent's business address of record Is 4891 $ US 1, FT
PIERCE, FLORIDA 34982. The mailing address of record is BURGER KING 8742, at 144 VISTA ROYALE
SQ, VERO BEACH, FLORIDA 329623057.
3. Inspection of this establishment conducted pursuant te Sec, 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 violation(s) found and applicable law are described in Exhibit "A,"
, attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit "B",
incorporated herain 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 sponsored by the Department's Hospitality Education Program,
suspension, ravocation, or refusal of a license lssued puss ant to this Chapter and/or any other relief
authorized by Chapter 609, Florida Statutes, or the 9 9
Signed March 31, 2008
—
erfe Freeman, Distriet Manage
By delegation of the Director, ordesignee 74... Coreghe
Division of Hotels & Restaurants Valera
Department of Business & Professional Regutation TOS pe nein,
COUNSEL FOR THE DEPARTMENT:
Gharles F. Tunnicliff, Lead Attorney
Florida Bar No. 0153831
Department of Business & Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-1007
RTIFICATE OF SERVI
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
THEREBY CERTIFY that 4 true and correct copy of the foregoing ADMINS YS COMBPLAINT has been
008.
hand served by me on this, day of '
rr Received by:
Inspector's Signature Operator's Signature
ee
Title ‘Tithe
Cage Number: 2008019072 — File Number: 145768 District Number. 04
License Number: 6402121 2070 Form revised 07.07.07
BURGER KING B742
Feb 4 2009 13:40
g2/ad/2ae9 14:38 8584146749 DEPR OGA PAGE @4/1a
Exhibit A
Licanse Number: 6802121.
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2008018872
FC as cited herain 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 references specific provisions of the National Fire Protéction Association Life
Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, Ganeral Provisions, Florida
Administrative Code, and 61G-4.004(5), Florida Administrative Code,
* denotes 2 critical violation.
itis alleged that on February 19, 2008 the licensee was in violation of Florida Statute 509(FS) andor the Rules
of the Division of Hotels and Restaurants, Florida Administrative Gode (FAC), in the following particulars.
Copy(s) of the repart(s) for the above referenced Inspection(s) are attachad hereto and incorporated by
reference as Exhibit B.
* 4,27-17-1 S-10312 FC: PRESSURE, WATER UNDER PRESSURE SHALL BE PROVIDED TO ALL
FIXTURES, EQUIPMENT, AND) NONFOOD EQUIPMENT THAT ARE REQUIRED TO USE WATER EXCEPT
THAT WATER SUPPLIED AS SPECIFIED IN PARAGRAPHS 5-104,12(A) AND (B) TO A TEMPORARY
FOOD ESTABLISHMENT OR IN RESPONSE TO A TEMPORARY INTERRUPTION OF A WATER SUPPLY
NEED NOT BE UNDER PRESSURE.
THE ESTABLISHMENT WAS LACKING RUNNING WATER AT ALL FIXTURES WHILE OPEN AND
SERVING CUSTOMERS.
* denotes critical violation ‘i District, : 4
Case Number: 2008018872 icense Type:
License Number: 6602721 File Number: 145788
BURGER KING 8742
Docket for Case No: 09-000617
Issue Date |
Proceedings |
Feb. 20, 2009 |
Notice of Ex-parte Communication.
|
Feb. 20, 2009 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Feb. 19, 2009 |
Order of Pre-hearing Instructions.
|
Feb. 19, 2009 |
Notice of Hearing (hearing set for March 10, 2009; 9:00 a.m.; Vero Beach, FL).
|
Feb. 19, 2009 |
Letter to Judge Cohen from M. Jones regarding withdrawal of request for hearing filed.
|
Feb. 16, 2009 |
Unilateral Response to Initial Order filed.
|
Feb. 04, 2009 |
Initial Order.
|
Feb. 04, 2009 |
Election of Rights filed.
|
Feb. 04, 2009 |
Administrative Complaint filed.
|
Feb. 04, 2009 |
Agency referral filed.
|