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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs LAKES CAFE SPORTS BAR AND GRILL, 09-001128 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-001128 Visitors: 20
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: LAKES CAFE SPORTS BAR AND GRILL
Judges: JUNE C. MCKINNEY
Agency: Department of Business and Professional Regulation
Locations: Miami Lakes, Florida
Filed: Mar. 03, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 26, 2009.

Latest Update: Jun. 29, 2024
> ~ STATE OF FLORIDA iy g & & DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Mp . DIVISION OF HOTELS AND RESTAURANTS & : 4 DP, i My « 4 DEPARTMENT OF BUSINESS AND y Maloy Q 2 PROFESSIONAL REGULATION - | | “& Sip Or © : Petitioner, hyn, | vs. ¥S LAKES CAFE SPORTS BAR & GRILL Licence Teo 2010 Respondent. Case No. 2008063071 . ADMINISTRATIVE COMPLAINT { The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND i RESTAURANTS, ("Petitioner"), files this Administrative Complaint against LAKES CAFE SPORTS BAR & GRILL, (“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 20.165 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 6125 MIAMI LAKES : DR, MIAMI LAKES, FLORIDA 33014.The mailing address of record is LAKES CAFE SPORTS BAR & { GRILL, at 6125 MIAMI] LAKES DR, MIAMI LAKES, FLORIDA 33014. | 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations fl _ 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 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 sponsored by the Department's Hospitality Education Program; ’ ‘authorized’ by Chapter 509, Florida Statutes, or the rules promulgated thereto.” Signed November 19, 200. Carlos Lezcano, Depyity District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: i ! | Charles F. Tunnicliff, Lead Attorney a... Suspension, revocation, .or.refusal,of.a license.issued_pursuant.to.this. Chapter, and/or. any. other relief... wma mm } Florida Bar No-0153831- Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3904 9849 7761 0262 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2008. : Received by: i Inspector's Signature . Operator's Signature Title Title 1 Case Number: 2008063071. File Number: 226420 District Number: 01 j License Number: 2316457 2010 Form revised 07.07.07 LAKES CAFE SPORTS BAR & GRILL Exhibit A License Number: 2316467 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008063071 “EC” as cited herein 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 Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. “*" denotes a critical violation. It is alleged that on November 14, 2008, the licensee was in violation of Florida Statute 509(FS) and/or the ~ RUISS OF thE Division of Hotels and Restauraiits, Florida Administrative Code (FAC), in the followitig ~*~ particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4,35A-04-1 6-501.111 FC: CONTROLLING PESTS. THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY: (A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY .. INSPECTING THE PREMISES FOR EVIDENCE OF PESTS; (C) USING METHODS, IF PESTS ARE FOUND, SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202.12, 7-206.12, AND 7-206.13; AND (D) ELIMINATING HARBORAGE CONDITIONS. OBSERVED 30 PLUS SEMI.FRESH RODENT DROPPINGS AT FRONT COUNTER AREA BEHIND MICROWAVE, 75 PLUS SEMI FRESH RODENT DROPPINGS AT STAGE AREA APPROXIMATELY 1 FOOT FROM DOORS LEADING TO KITCHEN, 50 PLUS SEMI FRESH RODENT DROPPINGS BENEATH SODA SYRUPS IN KITCHEN, AND 50 PLUS IN STORAGE AREA WHERE SINGLE SERVICE ITEMS ARE KEPT APPROXIMATELY 5 FEET FROM THE KITCHEN. Case Number: 2008063071 File Number: 226420 , District Number: 04 License Number: 2316467 2010 Form revised 07.07.07 LAKES CAFE SPORTS BAR & GRILL

Docket for Case No: 09-001128
Issue Date Proceedings
Mar. 26, 2009 Order Closing File. CASE CLOSED.
Mar. 25, 2009 Unilateral Motion to Relinquish Jurisdiction filed.
Mar. 03, 2009 Initial Order.
Mar. 03, 2009 Election of Rights filed.
Mar. 03, 2009 Administrative Complaint filed.
Mar. 03, 2009 Agency referral
Source:  Florida - Division of Administrative Hearings

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