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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs ERINGIS PAUL/BRIX, 10-009145 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-009145 Visitors: 23
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: ERINGIS PAUL/BRIX
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Sep. 16, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 19, 2010.

Latest Update: Dec. 24, 2024
Sep 16 2010 @g/15/2018 a7: 21 8584146749 DEPR OGA PAGE 83/86 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, va, ERINGIS PAUL License Number 9900000 BRIX ; License Type 2054 Respondent, Case Number 2009054331 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Fetitioner’), files this Administrative Complaint against BRIX, (“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, Flotida Statutes, 2. Respondent is an establishment subject to the jurisdiction of the Division of Hatels and Restaurants. The respondent's business address of recordis 1950 SUMMIT PARK DR, MAITLAND, FLORIDA 32810.The mailing address of record is BRIX at 50 E CENTRAL BLVD, ORLANDO, FLORIDA 32801. 3. Based on observation of Respondent's establishment activities and a thorough search of the Division's licensure records, Respondent was determined to be operating without statutorily required licensure, in violation of the provisions of Chapter 509, Florida Statutes, as described in Exhibit "A" of this Complaint. Respondent was therefore issued an Administrative Determination of Non-licensure on October 08, 2009, attached hereto as Exhibit "B", documenting the activities requiring licensure and directing Respondent to apply far or renew the required license. Respondent thereafter failed to obtain licensure and was issued an “Order of Closure on October 08, 2009, pursuant to Section 509.261(3), Florida Statutes, and attached hereto as Exhibit "C", WHEREFORE, Petitioner respectiully requests entry of an Order imposing 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 October 15, 2009 Jie Bo Valeria Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation Case Number, 2009054331 File Number: 1040 : Distriet Number: 04 License Number; 8900000 2051 Form revised 07.15.09 BRIX Sep 16 2010 @g/15/2018 a7: 21 8584146749 DEPR OGA PAGE @4/@6 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 bean hand served by me on this, day of , 2009, Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2009054331 — File Number: 1040 District Nurmber: 04 1 Fann revised 07.15.08 Licanse Number: $900000 26: BRIX Sep 16 2010 12:43 @g/15/2018 a7: 21 8584146749 DEPR OGA PAGE 85/86 Exhibit A License Number: NO LIG License Type: 2051 NON-LICENSED FOOD SERVICE Case Number: 2009054331 1. Based on tha foragaing, it is alleged that on October 8, 2009 Respondent violated the following provisions of Chapter 509, Florida Statutes, or the rules promulgated thereto: 509.241(1) FS LICENSES; ANNUAL RENEWALS. — Each public lodging establishment and public food service establishment shall obtain a license from the division. Such license may not be transferred from one place or individual to another. .. Licenses shall be renewed annually, ... 509,241(2) FS APPLICATION FOR LICENSE, ~ Each person who plans to apen a.public lodging establishment or a public food service establishment shall apply for and receive a license from the division prior to the commencement of operation. THE FACILITY WAS SERVING/SELLING POTENTIALLY HAZARDOUS FOOD TO THE PUBLIC WITHOUT A LICENSE FROM THE DIVISION OF HOTELS AND RESTAURANTS. ADDITIONALLY, THE FACILITY WAS NOT LICENSABLE SECAUSE THE FOOD WAS NOT PREPARED IN A AREA THAT WAS PROPERLY PROTECTED. AND THERE WERE NO HAND WASHING FACILITIES . PROVIDED, Ojstrict: 04 License Type: 20657 File Number: 1040 * denotes critical violation Case Number: 2008054331 License Number: NO LIC BRIX

Docket for Case No: 10-009145
Source:  Florida - Division of Administrative Hearings

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