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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CAFE ALIBI LLC, 10-006046 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-006046 Visitors: 14
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 Jul 22 2010 3:55 7/21/2616 83:35 8584146749 DEPR OGA PAGE 84/85 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
Source:  Florida - Division of Administrative Hearings

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