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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs BOARDWALK FRIES, 10-000450 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-000450 Visitors: 2
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.
Ja : 81/28/2818 85:56 8584146749 DBPR OGA n 29 anges 7 PAGE 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 a3/@5 @l/2e/2818 65:56 8584146749 Jan 29 2010 11:14 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 a4/a5

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.
Source:  Florida - Division of Administrative Hearings

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