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
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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
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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
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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
Issue Date |
Proceedings |
Oct. 19, 2010 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Oct. 19, 2010 |
Notice of Voluntary Dismissal filed.
|
Oct. 07, 2010 |
Order of Pre-hearing Instructions.
|
Oct. 07, 2010 |
Notice of Telephonic Final Hearing (hearing set for October 26, 2010; 1:30 p.m.).
|
Sep. 23, 2010 |
Response to Initial Order filed.
|
Sep. 17, 2010 |
Initial Order.
|
Sep. 16, 2010 |
Election of Rights filed.
|
Sep. 16, 2010 |
Administrative Complaint filed.
|
Sep. 16, 2010 |
Agency referral filed.
|