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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs NEVIN TERESA ANNE, UNLICENSED MOBILE, 10-003337 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-003337 Visitors: 5
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: NEVIN TERESA ANNE, UNLICENSED MOBILE
Judges: W. DAVID WATKINS
Agency: Department of Business and Professional Regulation
Locations: Daytona Beach, Florida
Filed: Jun. 21, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 9, 2010.

Latest Update: Nov. 05, 2024
B6/ 26/2818 83:58 8584146749 DEPR OGA Jun 21 2010 9:17 PAGE . State of Florida Department of Business and Professional! Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. : NEVIN TERESA ANNE License Number 9900000 UNLICENSED MOBILE License Type 2051 Respondent. Case Number 2009058258 Administrative Gomplaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against NEVIN TERESA ANNE, UNLICENSED MOBILE, (‘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. 9. Respondent ts an establishment subject to the jurisdiction of the Division of Hotels and Restaurants. The ‘respondent's business address of record is 3939 SR 44, NEW SMYRNA BEACH, FLORIDA 32168.The mailing address of record is UNLICENSED MOBILE at 3418 VISTA PALM DR, EDGEWATER, FLORIDA 32141, 3. Based on observation of Respondent's establishment activities and a thorough search of the Division's llcansure records, Respondent was determined to be operating withaut statutorily required licensure, In Violation of the provisions of Chapter 509, Florida Statutes, as described in Exhibit “A” of thts Gomplaint. Respondent was therefore issued an Administrative Determination of Non-licenaure on October 26, 2009, attached hereto as Exhibit "B", documenting the activities requiring licensure and directing Respondent to apply for or renew the required license, Respondent thereafter failed to obtain licensure and was issued an Order of Closure an October 26, 2009, pursuant ta Section 509.261(3), Florida Statutes, and attached hereto as Exhibit "C". WHEREFORE, Patitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not 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 November 20, 2009 Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation Case Number: 2009058268 — File Number: 1056 District Number: 04 License Number: 9900000 2051 Form revised 10.15.09 UNLICENSED MOBILE 63/86 Jun 21 2010 9:18 B6/ 26/2818 83:58 8584146749 DEPR OGA PAGE @4/@6 COUNSEL FOR THE DEPARTMENT. Mare 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: THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been 2003. hand served by me on this. day of ' Received by: Inspector's Signature : Operator's Signature Title . Title Case Number: 2009058258 File Number. 1056 District Nurnbar: 04 Lieanse Number: 9900000 2051 Form revised 10.19.08 UNLICENSED MOBILE Jun 21 2010 9:18 B6/ 26/2818 83:58 8584146749 DEPR OGA PAGE 85/86 Exhibit A License Number: NO LIC License Type: 2051 NON-LIGENSED FOOD SERVICE Case Number: 2009058258 4. Based on the foregoing, it is alleged that on October 26, 2009 Respondent violated the following provisions af Chapter 509, Florida Statutes, or the rules promulgated thereto: §09.241(1) FS LICENSES; ANNUAL RENEWALS. — Each public lodging establishment and public food service establishment shall obtain a license from the division. Such license may not be transferred fram one place or individual to another... Licenses shall be renewed annually, ... §09.241(2) FS APPLICATION FOR LICENSE. — Each person who plans to open a public lodging . establishment or a public food service establishment shall apply for and receive a license from the division prior fo the commencement of operation. THE OPERATOR WAS SELLING POTENTIALLY HAZARDOUS FOOD TO THE PUBLIG WITHOUT A LICENSE FROM THE DIVISION OF HOTELS AND RESTAURANTS. * denotes critical violation District: 04 Case Number: 2009058258 License Type: 2051 License Number: NO LIC File Number. 1056 UNLICENSED MOBILE

Docket for Case No: 10-003337
Issue Date Proceedings
Aug. 09, 2010 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Aug. 06, 2010 Motion to Relinquish Jurisdiction filed.
Aug. 05, 2010 Notice of Appearance (filed by G. Chisenhall).
Aug. 02, 2010 Petitioner's Witness List filed.
Aug. 02, 2010 Petitioner's Exhibit List (exhibits not available for viewing) filed.
Jul. 12, 2010 Letter to DOAH from Charles Tunnicliff regarding filing Exhibits B and C filed.
Jul. 06, 2010 Order of Pre-hearing Instructions.
Jul. 06, 2010 Notice of Hearing by Video Teleconference (hearing set for August 17, 2010; 1:30 p.m.; Daytona Beach and Tallahassee, FL).
Jun. 24, 2010 Response to Initial Order filed.
Jun. 21, 2010 Initial Order.
Jun. 21, 2010 Election of Rights filed.
Jun. 21, 2010 Administrative Complaint filed.
Jun. 21, 2010 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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