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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs STACKED SUBS, 10-002445 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-002445 Visitors: 9
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: STACKED SUBS
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: May 06, 2010
Status: Closed
Recommended Order on Tuesday, October 5, 2010.

Latest Update: Nov. 12, 2019
Summary: The issues in DOAH Case No. 10-1704 are whether Respondent, Stacked Subs (Respondent), committed the violations alleged in the Administrative Complaint dated November 5, 2008, and, if so, what penalty should be imposed. Similarly, the issues in DOAH Case No. 10-2445 are whether Respondent committed the violations alleged in the Administrative Complaint dated June 24, 2009, and, if so, what penalty should be imposed.Respondent failed to address violations of the Food Code as critical problems wer
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AGC - Filing For: HOTELS AND RESTAURANTS - 11/18/2010 - 2010-10847 - 2008060486 - STACKED SUBS - FINAL ORDER



FILED

Department of llusioes.s and Professional Regulation

Deputy Agency Clerk

CLERK

Date

File#

Brandon Nichols

11/18/2010

2010-10847

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS


DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS,


Petitioner,


DOAH CASE NO.:

10-1704

v.

H&R CASE NO.:

2008-060486


LICENSE NO.:

58-11081


STACKED SUBS,

LICENSE TYPE:

2010


Respondent.

                                                                                   I


FINAL ORDER


The Director,

Division

of Hotels

and Restaurants,


Department of

Business and

Professional

Regulation (the


Division), after consideration of the complete record of this case on file with the Division, enters this Final Order.

  1. On November 5, 2008, the Department issued an Administrative Complaint, a copy of which is attached as Exhibit "A."

  2. On August 11, 2010, a hearing in this cause was held before the Honorable J.D. Parrish, Administrative Law Judge, Division of Administrative Hearings.

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  3. On October 5, 2010, Honorable J.D. Parrish issued a Recommended Order, a copy of which is attached as Exhibit "B." The Statement of the Issues, Preliminary Statement, Findings of

7160 3901 9849 1408 7641!

Filed November 12, 2019 1:40 PM Division of Administrative Hearings

Fact, Conclusions of Law, and Recommendation contained in the Recommended Order are hereby adopted in toto and incorporated herein by reference.

Based upon the foregoing, and being otherwise fully advised in the premises it is, hereby ORDERED that: for Respondent's violations of Section 509, Florida Statutes, and/or the rules promulgated thereto the following penalty is imposed:

  1. Respondent shall pay a fine in the amount of $1,750.00, due and payable to the Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011, within thirty (30) calendar days of the date this Order is filed with the agency clerk.

  2. This Final Order shall become effective on the date of


filing with the Agency Clerk.

DONE AND ORDERED this Q!J_day of f\J0 ve------: JJ-.f_""' ,2010.


Bill L. Veach, Director Department of Business and Professional Regulation

Division of Hotels and Restaurants 1940 North Monroe Street Tallahassee, Florida 32399-1015


2

NOTICE OF RIGHT TO APPEAL UNLESS WAIVED


Unless expressly waived, any party substantially affected by this final order may seek judicial review by filing an original Notice of Appeal with the Clerk of the Department of Business and Professional Regulation, and a copy of the notice, accompanied by the filing fees prescribed by law, with the clerk of the appropriate District Court of Appeal within thirty (30) days rendition of this order, in accordance with Rule 9.110, Fla. R. App. P., and Section 120.68, Florida Statutes.


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Certified U.S. Mail to Stacked Subs, c/o Carlos Nevarez, 2054 State Rd. 436, Winter Park, Florida 32792; by regular U.S. Mail to the Honorable J.D. Parrish, Administrative Law Judge, Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, Florida 32399- 3060; and by hand delivery to Marc Drexler, Chief Attorney, Division of Hotels and Restaurants, Department of Business and

Professional Regulations,• .,tu_o North _M nroe Stfe t, Tallahassee,

Florida 32399-2202, this day of NO()e,,-... Dt!1!

, 2010.


For the Division of Hotels and Restaurants


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1:

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STACKED SUBS LLC STACKED SUBS

2054 N SEMORAN BLVD STE 128

ORLANDO, FLORIDA 32792

-

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SENDER:

Dept of Business & Prof Regulation D1v1s1on of Hotels & Restaurants

I

1:

<! REFERENCE:

License No 5811081 License Type 201O Case No 2008060486

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PS Form 3800 Januarv 2005

RETURN RECEIPT SERVICE

1:


I

I I I I I

POSTMARK OR DATE

Ii

:i

US Postal Service

Receipt for Certified Mail

No Insurance Coverage Provided

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Do Not Use for International Mail

- --·-·----

·.-------------- -

Total Postage & Fees

Restricted Delivery

Return Receipt Fee

Certified Fee

Postage

7163901 9849 148 7641



Docket for Case No: 10-002445
Issue Date Proceedings
Nov. 12, 2019 Agency Final Order filed (DOAH Case No. 10-2445).
Nov. 12, 2019 Agency Final Order filed (DOAH Case No. 10-1704).
Oct. 18, 2010 Undeliverable envelope returned from the Post Office.
Oct. 05, 2010 Recommended Order (hearing held August 11, 2010). CASE CLOSED.
Oct. 05, 2010 Recommended Order cover letter identifying the hearing record referred to the Agency.
Sep. 03, 2010 Petitioner's Proposed Recommended Order filed.
Aug. 26, 2010 Transcript filed.
Aug. 11, 2010 CASE STATUS: Hearing Held.
Jul. 28, 2010 Notice of Telephonic Final Hearing (hearing set for August 11, 2010; 9:00 a.m.).
Jul. 27, 2010 Status Report filed.
Jun. 10, 2010 Order Granting Continuance (parties to advise status by June 24, 2010).
May 26, 2010 Petitioner's Exhibit List (exhibits not attached) filed.
May 26, 2010 Petitioner's Witness List filed.
May 14, 2010 Order of Consolidation (DOAH Case Nos. 10-1704, 10-2445).
May 13, 2010 Response to Initial Order filed.
May 06, 2010 Initial Order.
May 06, 2010 Administrative Complaint filed.
May 06, 2010 Election of Rights filed.
May 06, 2010 Agency referral filed.

Orders for Case No: 10-002445
Issue Date Document Summary
Nov. 18, 2010 Agency Final Order
Nov. 18, 2010 Agency Final Order
Oct. 05, 2010 Recommended Order Respondent failed to address violations of the Food Code as critical problems were noted on not fewer than four inspections.
Source:  Florida - Division of Administrative Hearings

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