Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: MELVIN AND ALICE TAKE OUT
Judges: JEFF B. CLARK
Agency: Department of Business and Professional Regulation
Locations: Apopka, Florida
Filed: May 17, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 3, 2010.
Latest Update: Jul. 05, 2024
May 1? 2010 13:44
@5/16/2018 88:25 8584146749 DEPR OGA PAGE 83/85
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
VS,
MELVIN & ALICE TAKE OUT icons Tye sso
Respondent Case Number 2009047342
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner"), files this Administrative Complaint against MELVIN & ALICE TAKE OUT,
("Respondent"), and says:
1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and
public food service establishments, pursuant to Sectlan 20,165 and Chapter 509, Florida Statutes.
2, Respondent ig, and has been at all times material hereto, licensed by o7 Subject to the jurisdiction af the
Division of Hotels and Restaurants. The respondent's business address of record is 4011 NE 205 AVE,
WILLISTON, FLORIDA 32696.The mailing address of record is MELVIN & ALIGE TAKE OUT, at 1457
MARGRAETE CRESCENT DR, APOPKA, FLORIDA 32703.
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 therete gaverning
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 43",
incorporated herein by reference.
WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the fallowing
penalties: administrative fine nat to exceed $1,000 per offense, 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 September 04, 2009
Steven von Bodungen /District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Mare Drexler, Lead Attorney
Florida Bar No. 0487058
Department of Business & Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-2202
Certificate of Service
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9845 7126 3181
[HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this day of , 2009, '
Raceived by:
Inspector's Signature Operator's Signature
Title Title
Case Number, 2009047342 — File Number: 223752 District Number: 05
Licanse Number: 4800575 2070 Form revised 07.15.09
MELVIN & ALICE TAKE OUT
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Exhibit A
License Number: 4800575
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2009047342
FC as cited herein references specific provisions of the Food Cade, Recornmendations of the United States
Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative
Cade. NFPA as cited herein references specific provisions of the National Fire Protection Association Lif
Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida
Adiministrative Cade, and 61C-1.004(5), Florida Administrative Code.
* denotes 4 critical violation.
Itis alleged that on May 11, 2009, July 24, 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 fallawing
particulars, Copy(s} of the report(s) for the above referenced inspection(s) are attached hereto and
incorporated by reference as Exhibit B.
* 41.5348-07-1 61C-4.023(1) FAG: (1) EACH LICENSED ESTABLISHMENT SHALL HAVE A MINIMUM
OF ONE CERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL PERIODS OF
OPERATION.
OBSERVED NO CERTIFIED FOOD MANAGER FOR ESTABLISHMENT.
District: 05
License Type: 2010
File Number: 223752
* denotes critleal violation
Case Number: 2009047342
License Number: 4800575
MELVIN & ALICE TAKE OUT
Docket for Case No: 10-002667