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: Dec. 26, 2024
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. 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
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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
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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.
|