Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: C J BAR BE QUE
Judges: ERROL H. POWELL
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Sep. 03, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 21, 2010.
Latest Update: Dec. 22, 2024
Sep 3 2010 14:51
aq/a2/28le 89:29 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,
CJ BAR BE QUE ricense Number, 5808966
Respondent. leanse Type 2010
; Case Number 2010001694
Administrative Comptaint
The DEFARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against C J BAR BE QUE, ("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 20,185 and Chapter 509, Florida Statutes.
2. Respondentis, 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 2202 W PINE ST,
ORLANDO, FLORIDA 32805.The mailing address of record is C J BAR BE QUE, at 2202 W PINE ST,
ORLANDO, FLORIDA 32805.
3. Inspection of this establishment canducted pursuant to Sec, 509.022, Florida Statutes, revealed violatians
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 raquests entry of an Order imposing one or more of the following
penalties: administrative fine nat 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
tules promuigated thereto.
Signed January 12, 2010
Vl
Valerie Freeman, 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
1940 North Monroe Street
Tallahassee, Florida 32399-2202
Certificate of Service
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
|HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me an this. day of , 2010
Received by:
Inspector's Signature Operator's Signature
Title Title
Case Number: 2010001694 File Number: 133845 District Number: 04
Licanse Number: 5808966 2070 Form revised 10.15.08
CJ BAR BE QUE
Sep 3 2010 14:51
aq/a2/28le 89:29 8584146749 DEPR OGA PAGE @4/@5
Exhibit A
License Number, 5808966
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2010001694
FG as cited herein references specific provisions of the Food Gade, Recommendations of the United States
Public 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 4A-3, Fire Prevention, General Provisions, Florida
Administrative Code, and 61G-1,004(5), Florida Administrative Code,
* denotes a critical violation.
It is alleged thai on September 18, 2009, September 19, 2009, September 22, 2009, September 25, 2009,
November 20, 2009 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of
Hotels and Restaurants, Florida Administrative Cade (FAC), in the following particulars. Copy(s) of the
nants) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit
* 1.08A-07-1 3-305.14 FC:; FOOD PREPARATION. DURING PREPARATION, UNPAGKAGED FOOD
SHALL BE PROTECTED FROM ENVIRONMENTAL SOURCES OF CONTAMINATION.
AND
O8A-17-1 3-307.11 FO:: MISCELLANEOUS SOURCES OF CONTAMINATION. FOOD SHALL BE
PROTECTED FROM CONTAMINATION THAT MAY RESULT FROM A FACTOR OR SOURCE NOT
SPECIFIED UNDER SUBPARTS 3-301 - 3-306,
FOOD WAS BEING COOKED IN AN UNAPPROVED OUTSIDE SMOKER IN THE FRONT OF THE
PREMISES.
* 2.53B-08-1 509.049 FS: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT,
BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD
SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR
SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER.
THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD
SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED
BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION, ANY FOOD SAFETY TRAINING
PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE
EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS
REVIEW AND APPROVAL. !T SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE
ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL
EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE
A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE
LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TQ THIS
SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000,
MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT
TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS.
PROOF OF EMPLOYEE FOOD HANDLER TRAINING WAS NOT AVAILABLE.
* denotes critical violation District 04
Case Number: 2010001694 License Type: 2010
License Number: 5808966 File Number: 133845
CJ BAR BE QUE
Docket for Case No: 10-008908
Issue Date |
Proceedings |
Oct. 21, 2010 |
Order Closing File. CASE CLOSED.
|
Oct. 20, 2010 |
Notice of Voluntary Dismissal filed.
|
Oct. 19, 2010 |
Petitioner's Motion to Accept Qualified Representative filed.
|
Oct. 19, 2010 |
Petitioner's Exhibit List (exhibits not available for viewing) filed.
|
Oct. 19, 2010 |
Petitioner's Witness List filed.
|
Oct. 15, 2010 |
Notice of Transfer.
|
Sep. 22, 2010 |
Order of Pre-hearing Instructions.
|
Sep. 22, 2010 |
Notice of Hearing by Video Teleconference (hearing set for October 26, 2010; 2:00 p.m.; Orlando and Tallahassee, FL).
|
Sep. 14, 2010 |
Response to Initial Order filed.
|
Sep. 07, 2010 |
Initial Order.
|
Sep. 03, 2010 |
Election of Rights filed.
|
Sep. 03, 2010 |
Administrative Complaint filed.
|
Sep. 03, 2010 |
Agency referral filed.
|