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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs COVA DONGA SEAFOOD RESTAURANT, 10-006047 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-006047 Visitors: 5
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: COVA DONGA SEAFOOD RESTAURANT
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jul. 22, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 23, 2010.

Latest Update: Dec. 23, 2024
Jul 22 2010 8:57 arf2l/201a @g:3a7 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, VE COVA DONGA SEAFOOD REST reense Type 20 race Respondent Case Number 2009066128 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against COVA DONGA SEAFOOD REST, ("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, Flonda Statutes 2 Respondent ts, and has been at all tes maternal hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants The respondent's business address of record is 6480 SW 8 ST, MIAMI, FLORIDA 331444814 The mating address of record is COVA DONGA SEAFOOD REST, at 5480 SW 8 ST, MIAMI, FLORIDA 331444814 3 Inspection of this establishment conducted pursuant to Sec $09 032, Florida Statutes, revealed violations of the provisions of Chapter 509, Flonda Statutes, and / or the rules promulgated thereto governing operation of the estabhshment The violatian(s) found and applicable law are desorbed in Exhrbit “A,” attached hereto and incorporated herein by reference Inspection documents are attached as Exhibit "8", incorporated herein by reference WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penaltes administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of 4 license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto Signed December 29, 200 Carlos Lezcana, 4 District Manager By delegation of the Director, ar designee Owision of Hatels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Marc Drexler, Lead Attorney Flonda 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 7760 3516 | HEREBY CERTIFY that a true and correct copy of the foregomg ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2009 Received by Inspector's Signature Operator's Signature Title Title District Number 01 Case Number 2008066128 File Number 110017 Form revised 10 15 08 License Number 2302902 2010 COVA DONGA SEAFOOD REST Jul 22 2010 8:57 arf2l/201a @g:3a7 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number 2302902 License Type 2010 PERMANENT FOOD SERVIGE Case Number 2009066128 “FC” as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Adrmmustration, incorporated by Chapter 61C, Florida Administrative Code “NFPA” as cited heren references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 616-1 004(5), Flonda Admmustrative Code “*" denotes a entical violation itis alleged that on November 19, 2009, the licensee was in violation of Flonda Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Flonda Administrative Code (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 8 * 4 62-01-14 509 292(1)FS (1) AN OPERATOR MAY NOT KNOWINGLY AND WILLFULLY MISREPRESENT THE IDENTITY OF ANY FOOD OR FOOD PRODUCT TO ANY OF THE PATRONS OF SUCH ESTABLISHMENT THE IDENTITY OF FOOD OR A FOOD PRODUCT IS MISREPRESENTED IF (A) THE DESCRIPTION OF THE FOOD OR FOOD PRODUCT iS FALSE OR MISLEADING IN ANY PARTICULAR, (B) THE FOOD OR FOOD PRODUCT IS SERVED, SOLD, OR DISTRIBUTED UNDER THE NAME OF ANOTHER FOOD OR FOOD PRODUCT, OR (C) THE FOOD OR FOOD PRODUCT PURFORTS TO BE OR 1S REPRESENTED AS A FOOD OR FOOD PRODUCT THAT DOES NOT CONFORM TO A DEFINITION OF IDENTITY AND STANDARD OF QUALITY IF SUCH DEFINITION OF IDENTITY AND STANDARD OF QUALITY HAS BEEN ESTABLISHED BY CUSTOM ANI} USAGE OBSERVED IDENTITY OF FOOD OR FOOD PRODUCT MISREPRESENTED (GROUPER ADVERTISED ON MENU, SWAI FISH FILLET AND PANGASIUS FILLET ON INVOICES PROVIDED). District Number 04 Case Number 2008066128 File Number 110017 cense Numt Form revised 16 15 09 License Number 2302902 2010 COVA DONGA SEAFOOD REST

Docket for Case No: 10-006047
Source:  Florida - Division of Administrative Hearings

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