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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs STEEL CITY SALOON, 10-006050 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-006050 Visitors: 2
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: STEEL CITY SALOON
Judges: W. DAVID WATKINS
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Jul. 22, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 17, 2010.

Latest Update: Oct. 03, 2024
Jul 22 2010 9:04 arf2l/28lea @aidd 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, VS. . License Number. 4702576 STEEL CITY SALOON ; License Type 2010 EEpO Case Number 2009066304 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), fles this Administrative Complaint against STEEL CITY SALOON, (“Respondent”), and says: 1. Petitioner is the state agency charged with requlating 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 615 JOHN KNOX RD #4, TALLAHASSEE, FLORIDA 32303.The mailing address of record is STEEL CITY SALOON, at 515 JOHN KNOX RD #A, TALLAHASSEE, FLORIDA 32303. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The violation(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 irnpasing 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 December 29, 2009 " Ken Hensdill, District Manager 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 41940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 71 60 3901 9848 5575 1595 THEREBY CERTIFY that a true and correct copy of the foregoing 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. 06 Case Number: 2009066204 — File Number: 219228 Farm revised 10.15,09 License Number: 4702576 2010 STEEL CITY SALOON Jul 22 2010 9:05 arf2l/28lea @aidd 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number: 4702576 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009066304 "EC" as cited herein references specific provisions of the Faod Gode, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61, Florida Administrative Code. "NFPA" as cited herein 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 Cade, and 610-1,004(5), Florida Administrative Gode. “*” denotes a critical violation. It ig alleged that on November 24, 2009, June 9, 2009 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida 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 B. * 4.03A-07-1 3-504.16(A) FG: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 185 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403, 11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; OBSERVED CHILI COLD HELD AT GREATER THAN 414 DEGREES FAHRENHEIT, 45 DEGREES FAHRENHEIT. CORRECTED ON SITE, REPEAT VIOLATION, 6/9/09. 2. 10-08-1 3-304.12(A) AND (B) FG: DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (A) EXCEPT AS SPECIFIED UNDER PARAGRAPH (B) OF THIS SECTION, IN. THE FOOD WITH THEIR HANDLES ABOVE THE TOP OF THE FOOD AND THE CONTAINER; (B) IN FOOD THAT IS NOT POTENTIALLY HAZARDOUS WITH THEIR HANDLES ABOVE THE TOP OF THE FOOD WITHIN CONTAINERS OR EQUIPMENT THAT CAN BE CLOSED, SUCH AS BINS OF SUGAR, FLOUR, OR CINNAMON; OBSERVED ICE SCOOP WITH HANDLE IN CONTACT WITH ICE. REPEAT VIOLATION. 9, 33-03-1 4-801.11(C) FC: (C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS. OBSERVED BUILDUP OF GREASE ON FRYERS. REPEAT VIOLATION. 4.36-13-1 6-501.12(A)FC: (4) CLEANING, FREQUENCY AND RESTRICTIONS. THE PHYSICAL FACILITIES SHALL BE CLEANED AS OFTEN AS NECESSARY TO KEEP THEM CLEAN. OBSERVED GREASE ACCUMULATED UNDER COOKING EQUIPMENT (COVER). REFEAT VIOLATION. Case Number: 2008066304 File Number: 219228 District Number: 06 License Number: 4702576 2010 Form revised 10.15.09 STEEL CITY SALOON

Docket for Case No: 10-006050
Issue Date Proceedings
Dec. 08, 2010 Transmittal letter from Claudia Llado forwarding Petitioner's proposed exhibits to the agency.
Nov. 17, 2010 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 16, 2010 Joint Motion to Relinquish Jurisdiction filed.
Nov. 16, 2010 CASE STATUS: Hearing Held.
Nov. 09, 2010 Petitioner's Motion to Accept Qualified Representative with Supporting Affidavit filed.
Nov. 09, 2010 Petitioner's Amended Witness List filed.
Oct. 26, 2010 Petitioner's Exhibit List (exhibits not attached) filed.
Oct. 26, 2010 Petitioner's Witness List filed.
Aug. 05, 2010 Order of Pre-hearing Instructions.
Aug. 05, 2010 Notice of Hearing (hearing set for November 16, 2010; 9:30 a.m.; 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.
Source:  Florida - Division of Administrative Hearings

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