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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs FLAMINGO'S COFFEE SHOP, 10-006051 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-006051 Visitors: 5
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.
Source:  Florida - Division of Administrative Hearings

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