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.
|