Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CAFE ALIBI LLC
Judges: DANIEL M. KILBRIDE
Agency: Department of Business and Professional Regulation
Locations: St. Petersburg, Florida
Filed: Jul. 22, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 26, 2010.
Latest Update: Dec. 24, 2024
Jul 22 2010 3:55
7/21/2018 83:35 8584146749 DEPR OGA PAGE
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
va.
License Number, 6215722
CAFE ALIBILLC ont License Type 2010
espon , Case Number 2010002741
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner"), files this Administrative Complaint against CAFE ALIBI LLC, (‘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 Section 20.165 and Chapter 509, Florida Statutes.
2, Respondent is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the
Division of Hotels and Restaurants, The respondent's business address of record is 9721 66 STN,
PINELLAS PARK, FLORIDA 33782.The mailing address of record is CAFE ALIBI LLC, at 8449
ROCKWELL AVENUE, NORTH PORT, FLORIDA 34291
3. Inspection of this establishment conducted pursuant to Sec. 509,032, Florida Statutes, revealed violations
of the provisions of Chapter S09, Florida Statutes, and / or the rules promulgated thereto governing
operation of the establishment. The vidlation(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 one or more of the following
penalties: administrative fine not to exceed $1,000 per offense, suspension, revacation, 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 January 19,
Joe Perez, District
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:
| HEREBY CERTIFY that a true and correct copy of the foregoing
wie 3902 T4YS 8837 F543
COMPLAINT has been
hand served by me an this day of
Received by:
inspector's Signature Operator's Signature
Title Title
District Number; 03
Case Number, 2010002741 File Number: 232746
Form revised 10.15.09
License Number: 6215722 2010
CAFE ALIBI LLG
a3/@5
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Exhibit A
License Number: 6215722
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2010002741
"EC" as cited herein references specific provisions ofthe Food Code, Recommendations of the United States
Public Health Service, Food and Drug Administration, incorporated by Chapter 610, Florida Administrative
Code. "NEPA" ag cited herein references specific provisions of the National Fire Protection Assaciation Life
Safety Code, incorporated by reference at Chapter 44-3, “Fire Prevention, General Provisions’, Florida
Administrative Code, and 61C-1,004(5), Florida Administrative Code.
" denotes a critical violation,
It is alleged that on October 27, 2009, January 8, 2010 the licensee was in violation of Florida Statute 509(F 3)
and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Goede (FAC), in the following
particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and
incorporated by reference as Exhibit B.
+ 4,53B-0B-1 509.049FS: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT,
BY RULE, MINIMUM FQOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD
SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR
SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER.
THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD
SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED
BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING
PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE
EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS
REVIEW AND APPROVAL, IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE
ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBEO RULE TO ALL
EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE
A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE
LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS
SECTION BY JANUARY 1, 2001, FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000,
MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT
TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS.
NO PROOF OF REQUIRED EMPLOYEE TRAINING.
District Number: 03
Case Number: 2010002741 — File Number: 222746
Form revised 10.15.09
License Number: 6215722, 2010
CAFE ALIBI LLG
Docket for Case No: 10-006046
Issue Date |
Proceedings |
Oct. 26, 2010 |
Order Closing File. CASE CLOSED.
|
Oct. 22, 2010 |
Notice of Voluntary Dismissal filed.
|
Oct. 22, 2010 |
Order Accepting Qualified Representative.
|
Oct. 19, 2010 |
Petitioner's Motion to Accept Qualified Representative filed.
|
Oct. 12, 2010 |
Petitioner's Exhibit List (exhibits not attached) filed.
|
Oct. 12, 2010 |
Petitioner's Witness List filed.
|
Aug. 03, 2010 |
Order of Pre-hearing Instructions.
|
Aug. 03, 2010 |
Notice of Hearing by Video Teleconference (hearing set for October 25, 2010; 1:00 p.m.; St. Petersburg and Tallahassee, FL).
|
Jul. 29, 2010 |
Response to Initial Order filed.
|
Jul. 22, 2010 |
Election of Rights filed.
|
Jul. 22, 2010 |
Administrative Complaint filed.
|
Jul. 22, 2010 |
Agency referral filed.
|
Jul. 22, 2010 |
Initial Order.
|