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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs GREAT WALL OF LIN INC., 10-010461 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-010461 Visitors: 1
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GREAT WALL OF LIN INC.
Judges: JAMES H. PETERSON, III
Agency: Department of Business and Professional Regulation
Locations: Panama City, Florida
Filed: Dec. 01, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 16, 2011.

Latest Update: Oct. 04, 2024
Dec 1 2010 11:24 12/81/2616 12:12 8584146749 DEPR OGA PAGE State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, v5. GREAT WALL OF LIN ING rigense ler aad Respondent Gase Number 2010001670 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against GREAT WALL OF LIN INC, (“Respondent”), and says: 4. 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 412 REID AVE, PORT ST JOE, FLORIDA 32456.The mailing address of record is GREAT WALL OF LIN ING, at 61 24TH AVENUE, APALAGHIGOLA, FLORIDA 32320. (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 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. baad WHEREFORE, Petitioner respectfully 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 thereta. Signed January 12, 2010 Ken Hensdill, District Manager By delegation of the Director, or designee Division of Hotels & Restayrants Department of Business & Professional Regulation GOUNSEL 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: 7160 3901 9848 5575 1994 | HEREBY CERTIFY that a true and correct copy of the foregaing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2010, a Received by: . Inspector's Signature Operator's Signature i - Title Title Case Number; 2010001870 File Number: 231668 District Nurnber: 06 License Number: 3300696 2010 Faren ravised 10.15.09 GREAT WALL OF LIN ING AS Dec 1 2010 11:24 12/@1/2818 12:12 8584146749 DEPR OGA PAGE Exhibit A License Number: 3300696 License Type: 2010 PERMANENT FOOD SERVIGE Case Number, 2010001670 "FC" as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Brug Administration, incorporated by Chapter 61C, Florida Administrative Gade. "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 Code, and 64C-1.004(5), Florida Administrative Code. “" denotes a criti¢al violation. It is alleged that on December 8, 2009 the licensee was in violation af 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 rapori(s) for the above referenced inspection(s) are attached hereta and incorporated by reference as Exhibit B. * 4.52-01-1 509.292(1) FS:: (1) AN OPERATOR MAY NOT KNOWINGLY AND WILLFULLY MISREPRESENT THE IDENTITY OF ANY FOOD OR FOOD PRODUCT TO ANY OF THE PATRONS OF SUCH ESTABLISHMENT. THE IDENTITY OF FOOD OR A FOOD PRODUCT JS MISREPRESENTED IF: (A) THE DESCRIPTION OF THE FOOD OR FOOD PRODUCT IS FALSE OR MISLEADING IN ANY PARTICULAR; (B} THE FOOD OR FOOD PRODUCT IS SERVED, SOLD, OR DISTRIBUTED UNDER THE NAME OF ANOTHER FOOD OR FOOD PRODUCT; OR (C) THE FOOD OR FOOD PRODUCT PURPORTS TO BE OR IS REPRESENTED AS A FOOD OR FOOD PRODUCT THAT DOES NOT CONFORM TOA DEFINITION OF IDENTITY AND STANDARD OF QUALITY IF SUCH DEFINITION OF IDENTITY AND STANDARD OF QUALITY HAS BEEN ESTABLISHED BY CUSTOM AND USAGE. OBSERVED IDENTITY OF FOOD OR FOOD PRODUCT MISREPRESENTED. CRAB District Number: 06 7 i 231688 Case Number: 2010001670 — Fila Number. 2: Form revigad 10.18.09 Licanse Number: 3300896 2010 GREAT WALL OF LIN INC Ad

Docket for Case No: 10-010461
Issue Date Proceedings
Mar. 24, 2011 Transmittal letter from Claudia Llado forwarding Petitioner's proposed Exhibits numbered 1-2, to the agency.
Mar. 16, 2011 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Mar. 14, 2011 Joint Motion to Relinquish Jurisdiction filed.
Feb. 28, 2011 CASE STATUS: Hearing Held.
Feb. 24, 2011 Petitioner's Proposed Exhibits (exhibits not available for viewing)
Feb. 22, 2011 Petitioner's Request to Accept Qualified Representative filed.
Feb. 21, 2011 Petitioner's (Proposed) Exhibit List (exhibits not available for viewing) filed.
Feb. 21, 2011 Petitioner's Witness List filed.
Dec. 20, 2010 Order of Pre-hearing Instructions.
Dec. 20, 2010 Notice of Hearing by Video Teleconference (hearing set for February 28, 2011; 9:00 a.m., Central Time; Panama City and Tallahassee, FL).
Dec. 08, 2010 Corrected Response to Initial Order filed.
Dec. 07, 2010 Response to Initial Order 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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