Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: LIZ`S BAKERY AND CATERING
Judges: JEFF B. CLARK
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Nov. 24, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 15, 2009.
Latest Update: Nov. 16, 2024
Now 24 2009 13:47
11/23/2889 88:31 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,
VE.
ioense No, 5811234
LIZ'S BAKERY & CATERING License Type 2010
Respondent. Case No. 2009006866
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BLISINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against LIZ'S BAKERY & CATERING,
(‘Respondent’), and says:
1. Petitioner Is the state agency charged with reguiafing the operation of public fodging establishments and
public food service establishments, pursuant to 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 respondent's business address of record is 707 GOLDENROD
RD, ORLANDO, FLORIDA 32807.The malling address of record is LIZ'S BAKERY & CATERING, at 707
GOLDENROD RD, ORLANDO, FLORIDA 32807.
3. . Inspection of this establishment conducted pursuant to Sec. 509.022, Florida Statutes, revealed violations
of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereta governing
operation of the establishment. The violation(s) found and applicable law ara described in Exhibit "A,”
attached hereto and incorporated herein by reference, Inspection documents are attached as Exhibit "B’,
incorporated herein by reference,
WHEREFORE, Patitioner 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, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief
authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto.
Signed February 11, 2009
Valerie Freeman, District Manager
By delagation of the Director, or designee
Division of Hotels & Restaurants
; Department of Business & Professional Regulation
“COUNSEL FOR THE DEPARTMENT: t Be, :
Charles F. Tunnicliff, Lead Attorney
Florida Bar No. 0163931
Department of Business & Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-1007
CERTIFICATE OF SERVICE
BY CERTIFIED U.S, MAIL, ARTICLE NUMBER:
(HEREBY CERTIFY that a true and correct copy of the foregeing ADMINISTRATIVE COMPLAINT has been
hand served by me on this day of , 2009,
Received by:
Inspector's Signature Operator's Signature
Title Title
District Number. 04
Case Number 2008006865 File Numbet: 196128
Form revised 07.07.07
License Number: 5811234 2010
UZ'S BAKERY & CATERING
63/86
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Exhibit A
License Number: 5811234
License Type: 2010 PERMANENT FOOD SERVICE
.Case Number: 2002006886
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
Goda. NFPA as cited herein references specific provisions of the National Fire Protection Association Life
Safety Code, Incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida
Adrninistratlve Code, and 61C-1.004(5), Florida Administrative Code.
* denotes a critical violation.
itis alleged that on March 3, 2008, November 18, 2008, January 27, 2009 the llcensee 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
attachad hereto and Incorporated by reference as Exhibit B.
* 9 4,22.28-4 4-601.11(A} FC: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE
CLEAN TO SIGHT AND TOUGH,
THE REACH IN COOLER WAS SOILED WITH FOOD RESIDUE. (OBSERVED 11/18/08 AND 1/27/09).
* 2.97-16-1 §-202.12(A) AND (B) FC:: HANDWASHING FACILITY, INSTALLATION. (A) A
HANDWASHING LAVATORY SHALL BE EQUIPPED TO PROVIDE WATER AT A TEMPERATURE OF AT
LEAST 100 DEGREES FAHRENHEIT THROUGH A MIXING VALVE OR COMBINATION FAUCET. (B) A
STEAM MIXING VALVE MAY NOT BE USED AT A HANDWASHING LAVATORY.
HOT WATER WAS NOT PROVIDED AT THE KITCHEN HAND SINK. (OBSERVED 3/3/08, 11/18/08, AND
4/27108).
* 3.35A-0d-1 6501114 FC: CONTROLLING PESTS. THE PRESENCE OF INSEGTS, 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 EVIDENCE OF A ROACH INFESTATION INSIDE THE FACILITY. NUMEROUS LIVE
‘ROACHES WERE OBSERVED THROUGHOUT THE ESTABLISHMENT INCLUDING ELEVEN IN A...., °
CREVICE OF WOOD PANEL ADJAGENT TO THE REACH IN COOLER, FOUR BEHIND THE REACH IN
COOLER UNDER A PIECE OF BREAD, ONE IN A CREVICE ON THE WALL OVER THE STEAM TABLE,
AND ONE ON THE WALL OVER THE PREP SINK. (OBSERVED 1/27/09).
4.37-05-1 81C-1,004(6) FAC:; (8) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS
AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS.
THE KITCHEN WALLS WERE SOILED WITH FOOD RESIDUE AND THE REAR DOOR AREA WALLS
WERE SOILED. (OBSERVED 11/18/08 AND 1/27/09).
_* denotes critical violation District: 04
Case Number: 2009006866 License Type: 2010
License Number: 5811234 File Number: 196128
LIZ'S BAKERY & CATERING
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11/23/2889 88:31 8584146749 DEPR OGA PAGE 85/86
CERTIFICATE OF SERVICE
FLBO 3501 F845 4555 &503
"TO:
BELLO ELIZABETH
LI27'S BAKERY & CATERING
707 GOLDENROD RD
ORLANDO, FLORIDA 32607
SENDER: Dept. of Businass & Frof. Regulatlon
Division of Hotels & Restaurants
REFERENCE: License No. 5811234
License Type 2010
Case No. 2009006866
PS Form 3800, January 2005
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Case Number, 2009008866 File Number: 196128 District Number: 04
License Number: 6811234 2010
U2'S BAKERY & CATERING
Docket for Case No: 09-006493