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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs GREEK FLAME TAVERNA, 10-010454 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-010454 Visitors: 10
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GREEK FLAME TAVERNA
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Winter Park, Florida
Filed: Dec. 01, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 30, 2010.

Latest Update: Jun. 14, 2024
Dec 1 2010 11:21 12/al/28le 12:89 8584146749 DEPR OGA PAGE State of Florida Department of Business and Professional Regulation Olvision of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Vs, GREEK FLAME TAVERNA roense went Respondent. Case Number 2010001338 Administratlve Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against GREEK FLAME TAVERNA, (‘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 or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 1560 N SR 436, WINTER PARK, FLORIDA 32792. The mailing address of record is GREEK FLAME TAVERNA, at 1580 N SR 436, WINTER PARK, FLORIDA 32792. Inspection of this establishment conducted pursuant to Sec, 509,032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establighment. The violation(s) found and applicable (aw are described in Exhibit “A,” attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “B", incorporated herein by reference. bd WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or mare 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 January 11, 2010 > antl 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 Certifleate of Service . BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2010. . Received by: Inspector's Signature Operator's Signature — Tite Title Case Number: 2010001338 — File Number: 134048 Distriet Number: 04 Licanse Number: 5809302 2010 Form revised 10.15.08 GREEK FLAME TAVERNA AS Dec 1 2010 11:21 12/al/28le 12:89 8584146749 DEPR OGA PAGE Exhibit A License Number: 5809302 License Type: 2010 PERMANENT FOOD SERVICE Gase Number: 2010001338 FC as cited herein references specific provisions of the Food Code, 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 Natlonal Fire Protection Association Lifa Safety Gade, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Gode, and 61C-1.004(5), Florida Administrative Code. * denotes 4 critical violation. It is alleged that on November 9, 2009, November 18, 2009 the licensee was In violation of Florida Statute 509(FS) and/or the Rules of the Division af Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Gopy(s) of the report(s) far the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit 8. * 1,02-05-1 3-501.17(A) FC:; (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD INA FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW: (1) 41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1. STEWS, SOUPS, MEATLOAF, AND COOKED MEATS HELD OVER 24 HOURS WERE NOT DATE MARKED. * 2. 08A27-1 3-302.14(A)(1) FC: (A) FOOD SHALL BE PROTECTED FROM GROSS CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY FROM: (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) COOKED REAOY-TO-EAT FOOD; RAW LAMB, GROUND BEEF, AND CHICKEN WERE STORED OVER BREAD, COOKED CHICKEN, AND VEGETABLES IN THE WALK IN COOLER. * 3.08A-29-1 3-302.11(A)(4) FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS; PASTRIES, MEATLOAF, SOUPS, CHICKEN, AND FISH WERE STORED UNCOVERED IN THE WALK IN COOLER. 4, 24-03-1 4-904.11(B) FC:: (B) KNIVES, FORKS, AND SPOONS THAT ARE NOT PREWRAPPED SHALL BE PRESENTED SO THAT ONLY THE HANDLES ARE TOUCHED BY EMPLOYEES' AND BY CONSUMERS IF CONSUMER SELF-SERVICE !8 PROVIDED. CLEAN AND SANITIZED SPOONS WERE STORED WITH THE EATING PORTION EXPOSED. * denotes critical violation District 04 Case Number: 2010001338 License Type: 2010 License Number; 5809302 File Number: 134048 GREEK FLAME TAVERNA Ad

Docket for Case No: 10-010454
Issue Date Proceedings
Dec. 30, 2010 Order Closing File. CASE CLOSED.
Dec. 06, 2010 Notice of Voluntary Dismissal filed.
Dec. 01, 2010 Initial Order.
Dec. 01, 2010 Election of Rights filed.
Dec. 01, 2010 Administrative Complaint filed.
Dec. 01, 2010 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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