Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: SONIC DRIVE IN
Judges: ROBERT S. COHEN
Agency: Department of Business and Professional Regulation
Locations: Bronson, Florida
Filed: May 10, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 26, 2010.
Latest Update: Jan. 18, 2025
May 10 2010 14:59
ge/ag/2Ale 8:41 8584146749 DEPR OGA PAGE 83/85
State of Florida
Department of Business and Professional Raguiatian
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Patitioner,
V5.
License Number. 4800548
SONIC DRIVE " dent License Type 2010
esponcien Case Number 2009045708
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND)
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against SONIC DRIVE IN, ee
and says:
4, Petitioner ig the state agency charged with regulating the operation of public lodging establishments nd
public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes.
2, Respondent is, and has been at all times material herato, licensed by or subject to the jurisdiction of the
Division of Hotels and Restaurants. The respondent's business address of record is 1021 NW 218T AVE,
GHIEFLAND, FLORIDA 32626.The mailing address of record is SONIC DRIVE IN, at 1021 NW 2187
AVE, CHIEFLAND, FLORIDA 32626.
3. 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 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 ona or more of the following
penalties: administrative fine not to axceed $1,000 per offanse, suspension, revocation, or refusal of a licen
issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the
rules promulgated thereto.
Signed August 31, 2009 q : A
Steven Yon Bodungen, at hl
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
ray
o
COUNSEL FOR THE DEPARTMENT:
Marc Dreyler, Lead Attorney
Florida Bar No. 0487058
Department of Business & Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-2202
Certificate of Sarvice
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: ‘
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this. day of , 2009
Received by:,
Inspector's Signature Operator's Signature
Title Title
Case Number: 2009048708 File Number: 204438 District Number: 05
License Number 4800548 2070 Fartn revised 07.15.09
SONIC DRIVE IN
May 10 2010 15:00
ge/ag/2Ale 8:41 8584146749 DEPR OGA PAGE @4/@5
Exhibit A
License Number: 4800548
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2009045708
FC as cited herein references specific provisions of the Foad Code, Recommendations of the United Stales
Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrati
Code. NFPA as cited herein references specific provisions of the National Fire Protection Association Life
Sataty Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida
Administrative Code, and 61C-1.004(5), Florida Administrative Gode.
“denotes a critical violation.
Itis alleged that on March 4, 2008, July 1, 2009 the licensee was in violation of Florida Statute 509(FS) and/or
the Rules of the Division of Hotels and Restaurants, Florida Administrative Gode (FAC), In the fallowing
particulars. Copy(s) of the repori(s) for the above referenced inspection(s) are attached hereto and
incorporated by reference as Exhibit B.
* 4.42A-22-4 810-4,010(1)(D) FAC AND 3-301.11(B) FG:. NO BARE HAND CONTACT OF EXPOSED
READY-TO-EAT FOOD, FOOD EMPLOYEES’ MAY CONTACT READY-TO-EAT FOODS WITH THEIR
BARE HANDS IMMEDIATELY PRIOR TO SERVICE IF THE OPERATOR OF THE PUBLIC FOOD SERVICE
ESTABLISHMENT MAINTAINS A WRITTEN OPERATIONAL PROCEDURE. (B) EXCEPT WHEN WASHING
FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3302.15 OR WHEN OTHERWISE
APPROVED, FOOD EMPLOYEES' MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH TH
BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS,
SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT.
OBSERVED FOOD EMPLOYEES TOUCHING READY TO EAT FOOD WITH THEIR BARE HANDS AND
THE ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE. REPEAT
VIOLATION.
IR
* denotes critical violation District: 05
Case Number: 2009045708 : License Type: 2010
License Number; 4800548 File Number: 204438
SONIC DRIVE IN
Docket for Case No: 10-002472
Issue Date |
Proceedings |
May 26, 2010 |
Order Closing File. CASE CLOSED.
|
May 26, 2010 |
Joint Motion to Relinquish Jurisdiction filed.
|
May 19, 2010 |
Notice of Hearing (hearing set for July 8, 2010; 1:00 p.m.; Bronson, FL).
|
May 19, 2010 |
Order of Pre-hearing Instructions.
|
May 18, 2010 |
Response to Initial Order filed.
|
May 11, 2010 |
Initial Order.
|
May 10, 2010 |
Election of Rights filed.
|
May 10, 2010 |
Administrative Complaint filed.
|
May 10, 2010 |
Agency referral filed.
|