Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: FLAMINGO'S COFFEE SHOP
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Jul. 22, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 5, 2010.
Latest Update: Oct. 04, 2024
Jul 22 2010 9:07
a7f2l/281ea @a:46 8584146749 DEPR OGA PAGE 83/85
State of Florida
Department of Business and Professional Regulation
Division of Hatels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vB.
\ License Number. 58711862
FLAMINGO'S COFFEE SHOP License Type 2010
Respondent Case Number 2010004119
Administrative Complaint
the DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner’), files this Administrative Complaint against FLAMINGO'S COFFEE SHOP,
(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 of subject to the jurisdiction of the
Division af Hotels and Restaurants. The respondent's business address of record is 995 W CHURCH ST
STE D, ORLANDO, FLORIDA 32805.The mailing address of record is FLAMINGO'S COFFEE SHOP, at
505 W CHURCH ST STE D, ORLANDO, FLORIDA 32805.
3, Inspection of this establishment conducted pursuant to Sec. 509,032, Florida Statutes, revealed violations
af the provisions of Chapter 509, Floride Statutes, and / or the rules promulgated thereto governing
operation af the establishment. The violation(s) found and applicable law are described in Exhibit "A,"
attached hereta and incorporated herein by reference. Inspection documents are attached a¢ Exhibit “B",
incorporated herein by reference.
y of an Order imposing one or more of the following
per offense, suspension, revocation, or refusal of @ license
Florida Statutes, or the
WHEREFORE, Petitioner respectfully requests entr:
senalties: administrative fine not to exceed $1,000
issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509,
rules promuigated thereto.
ett Qo 7
Signed January 26, 2010
Valerie Freeman, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Profassional Regulation
COUNSEL FOR THE DEPARTMENT:
Marc Drexler, Lead Attorney
Florida Bar No. 0487058
Department of Business & Professional Regulation
4940 North Monroe Street
Tallahassee, Florida 32999-2202
Certificate of Service
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
| HEREBY CERTIFY tha! a true and correct copy of the foregoing ADMINISTRATIVE COMP
hand served by me on this day of 2010,
LAINT has been
Received by:
Inspector's Signature Operator's Signature
Tit " Title
Case Number. 2010004119 © File Number: 221174 Disiriat Number; 04
License Number: 6841862 2010 Form revised 10.15.09
FLAMINGO'S GOFFEE SHOP
Jul 22 2010 9:07
a7f2l/281ea @a:46 8584146749 DEPR OGA PAGE @4/@5
Exhibit A
License Number: 5811862
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2010004119
FC as cited herein references specific provisions of the Food Code, Recommendations of the United States
Puhlic Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative
Code, NFPA as cited herein references specific provisions of the National Fire Protection Association Life
Safety Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida
Administrative Cade, and 61C-1.004(5), Florida Administrative Cade,
“denotes a critical violation.
Ki is alleged that on October 6, 2009, December 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 herato and
incorporated by reference as Exhibit B.
* 4. 0BA29-1 3-302.11(A)(4) FC: (4) FOOD SHALL BE PROTECTED FROM CROSS
CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR
WRAPPINGS;
ICE CREAM IN THE FREEZER IN THE MANAGER'S OFFICE WAS STORED UNCOVERED.
* 2.22-27-1 4-B01.11(A) FC) EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE
CLEAN TO SIGHT AND TOUCH,
THE CUTTING BOARD ON THE PREP COOLER BY THE PIZZA OVEN WAS SOILED. ALSO, THE
INTERIOR OF THE MICROWAVE WAS SOILED.
3.42-14-1 6-504.114 FC: MAINTAINING PREMISES, UNNECESSARY ITEMS AND LITTER. THE
PREMISES SHALL BE FREE OF: (A) ITEMS THAT ARE UNNECESSARY TO THE OPERATION OR
MAINTENANCE OF THE ESTABLISHMENT SUCH AS EQUIPMENT THAT IS NONFUNCTIONAL OR NO
LONGER USED; AND (B) LITTER.
THERE WERE EXCESS PAPERS, LETTERS, DOCUMENTS AND UNUSED EQUIPMENT THROUGHOUT
THE FAGILITY.
6.54-16-1 610-7.002(6)(C)(1) FAC: (1) THE OPERATOR OF EACH PUBLIC FOOD SERVICE
ESTABLISHMENT TO BE NEWLY CONSTRUCTED, REMODELED, CONVERTED, OR REOPENED SHALL
SUBMIT PROPERLY PREPARED FACILITY PLANS AND SPECIFICATIONS TO THE DIVISION FOR
REVIEW AND APPROVAL IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 509, FS, AND RULE
CHAPTERS 61C-1 AND 610-4, FAC. SUCH PLANS MUST BE APPROVED BY THE DIVISION PRIOR TO
CONSTRUCTION, REMODELING, CONVERSION, SCHEDULING OF AN OPENING INSPECTION AND
LICENSING.
PLAN REVIEW WAS NOT SUBMITTED AND APPROVED FOR CHANGES MADE TO THE PREP AREA
AND FOR THE NEW EQUIPMENT THAT WAS INSTALLED. (FiZZA OVEN, FLAT GRILL, DEEP FRYER,
ETC).
* denotes critical violation District: o4
Case Number: 2010004119 License Type: 2010
License Number: 5811862 File Number: 221111
FLAMINGO'S COFFEE SHOP
Docket for Case No: 10-006051
Issue Date |
Proceedings |
Oct. 18, 2010 |
Transcript (not available for viewing) filed. |
Oct. 05, 2010 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Sep. 29, 2010 |
Joint Motion to Relinquish Jurisdiction filed.
|
Sep. 28, 2010 |
CASE STATUS: Hearing Held. |
Sep. 27, 2010 |
Petitioner's Exhibit List (exhibits not available for viewing) filed.
|
Aug. 17, 2010 |
Order Granting Continuance and Re-scheduling Hearing by Telephone (hearing set for September 28, 2010; 9:30 a.m.; Orlando, FL).
|
Aug. 16, 2010 |
Joint Motion for Continuance filed.
|
Aug. 13, 2010 |
Pre-hearing Stipulation filed.
|
Aug. 12, 2010 |
Petitioner's Exhibit List (exhibits not attached) filed.
|
Aug. 12, 2010 |
Petitioner Witness List filed.
|
Aug. 06, 2010 |
Order (enclosing rules regarding qualified representatives).
|
Aug. 06, 2010 |
Order of Pre-hearing Instructions.
|
Aug. 06, 2010 |
Notice of Telephonic Final Hearing (hearing set for August 25, 2010; 1:00 p.m.).
|
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.
|