Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: BOARDWALK FRIES
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Jan. 29, 2010
Status: Closed
Recommended Order on Wednesday, July 14, 2010.
Latest Update: Sep. 22, 2010
Summary: Petitioner demonstrated roach infestation in Respondent's restaurant, which Respondent promptly remedied.
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State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Patitioner,
vs.
License Number 4703198
BOARDWALK FRIES License Type 2010
Respondent, Case Number 2009058711
—————
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), fles this Administrative Complaint against BOARDWALK FRIES,
(‘Respondent’), and says:
4. 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
Qivision of Hotels and Restaurants. The respondent's business address of record is 2415 N MONROE 8T
FC #4, TALLAHASSEE, FLORIDA 32303. The mailing address of record ig BOARDWALK FRIES, at 848
EAGLE VIEW DRIVE, TALLAHASSEE, FLORIDA 32903.
5. Inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, revealed violations
of the provisions of Chapter 509, Florida Statutes, and / or the tules promulgated thereto governing
operation of the establishment, The violation(s) found and applicable law is desoribed in Exhibit “A,”
attached hereta and incorporated herein by reference. inspection documents are attached as Exhibit “8”,
incorporated herein by reference.
WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the follewing
penalties: administrative fine nat to exceed $1,000 per offense, suspension, revocation, or Tefusal 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 Novernber 10, 2908 ¥
By delegation of the Dipector, or designee
Division of Hotels & Restaurants
Department of Business & Professional Reguiation
COUNSEL FOR THE DEPARTMENT:
Marc Drexler, Lead Attorney
Florida Bar No, 0487058
Department of Business & Professional Regulation
4940 North Monroe Street
Tallahassee, Florida 32399-2202
Certificate of Service
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9848 5575 0724
7160 3901 9848 5575 0734 ______.
| HEREBY CERTIFY that a true and correct capy of the foregaing ADMINISTRATIVE COMPLAINT has been
hand served by me on this day of , 2008.
Received by:
Inspector's Signature Operator's Signature
Title Title
Case Number; 2009058711 File Number, 205577 District Number: 06
Lleange Number: 4703198 2010 Form revised 10.16.08
BOARDWALK FRIES
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DEPR OGA PAGE
Exhibit A
License Number: 4703198
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2009058711
“FO” as cited herein references specific provisions of the Faod Cade, Recommendations of the United States
Public Health Service, Food and Drug Administration, incorporated by Chapter 610, Florida Administrative
Code. “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
Administrative Code, and 61C-1.004(5), Florida Administrative Code,
“ danotes a critical violation.
It ig alleged that on October 24, 2009, October 22, 2009 the licensee was in violation of Florida Statute
§09(FS) and/or the Rules af the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the
following particulars. Copy(5) of the report(s) for the above raferenced inspection(s) are attached hereto and
incorporated by reference as Exhibit B. ‘
* 4350-05-41 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; (8) 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 VERMIN INFESTATION AS EVIDENGED BY 6 LIVE ROACHES FOUND IN KNIFE BLOCK ON
PREP TABLE, 3 LIVE ROACHES FOUND IN GASE OF FLOUR (BREAD MIX), AND APPROXIMATELY 10
LIVE ROACHES FOUND ALONG BASEBOARD OF KITCHEN WALL.
Case Number, 2009058711 _ File Number: 205577 District Number: 06
License Number. 4703198 2019 Form revisad 10.15.09
BOARDWALK FRIES
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Docket for Case No: 10-000450
Issue Date |
Proceedings |
Sep. 22, 2010 |
(Agency) Final Order filed.
|
Aug. 02, 2010 |
Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits 1-2, to the agency.
|
Jul. 14, 2010 |
Recommended Order (hearing held April 27, 2010). CASE CLOSED.
|
Jul. 14, 2010 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Jul. 08, 2010 |
Petitioner's Proposed Recommended Order filed.
|
May 13, 2010 |
Transcript of Proceedings filed. |
Apr. 27, 2010 |
Petitioner's Exhibit List (exhibits not available for viewing) filed.
|
Apr. 27, 2010 |
CASE STATUS: Hearing Held. |
Apr. 20, 2010 |
Petitioner's Motion to Accept Qualified Representative filed.
|
Apr. 09, 2010 |
Petitioner's Witness List filed.
|
Apr. 09, 2010 |
Petitioner's Exhibit List (exhibits not attached) filed.
|
Feb. 16, 2010 |
Notice of Hearing (hearing set for April 27, 2010; 9:00 a.m.; Tallahassee, FL).
|
Feb. 05, 2010 |
Response to Initial Order filed.
|
Feb. 04, 2010 |
Respondent's Exhibits (exhibits not available for viewing) filed. |
Jan. 29, 2010 |
Initial Order.
|
Jan. 29, 2010 |
Election of Rights filed.
|
Jan. 29, 2010 |
Administrative Complaint filed.
|
Jan. 29, 2010 |
Agency referral filed.
|
Orders for Case No: 10-000450
Issue Date |
Document |
Summary |
Sep. 21, 2010 |
Agency Final Order
|
|
Jul. 14, 2010 |
Recommended Order
|
Petitioner demonstrated roach infestation in Respondent's restaurant, which Respondent promptly remedied.
|