Elawyers Elawyers

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs BEEF O BRADYS, 10-010828 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-010828 Visitors: 6
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: BEEF O BRADYS
Judges: ERROL H. POWELL
Agency: Department of Business and Professional Regulation
Locations: Vero Beach, Florida
Filed: Dec. 21, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 3, 2011.

Latest Update: Jun. 03, 2025
10010828AC-122110-15024402

Dec 21 2010 14:01

12/21/2010 14:49 8504145749 DBPR OGA PAGE 03


State of Florida

Department of BusinMS ancl Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs.

· BEEF O BRADYS

Respondent.

                                      I


License Number. 4101299 License Type 201o

Case Number 2010004941

Admlnistratl111, Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against BEEF O BRADYS, {"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.

  1. Respondent is, and has been at all times material t,ereto, licensed by or subject to the Jurisdiction of the Division of Hotels and Restaurants. The respondent's business aoclress of record is 782 SOUTH US 1, VERO BEACH, FLORIDA 32962..The mailing address of record is BEEF O BRADYS, at 782 SOUTH US 1, VERO BEACH, FLORIDA 32962.

  2. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and I or the rules promulgated thereto governing operation of the establistiment. The violation(s) found and applicable law are described in Exhibit "A."

    attached hereto and incorporated herein by reference, lnsp,:,ction documents are attacl'>ed as Exhibit ''B", incorporated herein by reference.

    WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or rnore 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.

    _iJ.,

    Signed February 01, 2010 (

    L.JJ1(;,J.:d...J,,LL-,..,..!.=·.aa==="' ­

    vaIerie Freeman, District Manager

    By delegation of the Director, or designee Division of Hotels & Restaurants

    Departrnent of Business & Professional Regulation

    COUNSEL FOR THE DEPARTMENT:

    Marc 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 NUMBFcR,

    I HEREBY CERTIFY tl'>at a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been

    hand served by rne on this     


    lnspe tor's Signature

    day of                                                         ,, 2010. ..


    Received by:_---,.--=----- ---

    Operator's Signature


    Title Title



    Ca e NLlmber. 2010004941 File Number: 231774

    License Number: 4101299 2010

    BEEF O BRADYS


    District Number: 04 Form tevised 10.1!;5.0!!I


    12/21/2010 14:49

    Dec 21 2010 14=02

    8504145749 DBPR OGA


    PAGE 04


    Exhibit A


    License Number: 4101299

    License Type: 2010 F'ERMANENT FOOD SERVICE

    Case Number: 2010004941


    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 National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code.


    • denotes a critical violation.


      It is alleged that on June 12, 2009, August 6, 2009, September 10, 2009, December 22, 2009 the licensee was in violation of 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 report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B.


      1. 14-37-1 4-501.12 FC:: CUTTING SURFACES. SURFACES SUCH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT TO SCRATCHING AND SCORING SHALL BE RESURFACED IF THEY CAN NO LONGER BE EFFECTIVELY CLEANED AND SANITIZED, OR DISCARDED IF THEY ARE NOT CAPABLI;; OF BEING RESURFACED.


THE LONG CUTTING BOARDS AT THE REACH IN COOLERS ON THE COOKLINE WERE GROOVED,

PITTED, AND NO LONGER EASILY CLEANBLE. {OBSERVED 8/6/09 AND 12/22/09).


  • 2. 32"16-1 6-301.12 FC:: HAND DRYING F'ROVIStON. EACH HANDWASH\NG LAVATORY OR GROUF' OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE TOWELS; (8) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL; OR

(C) A HEATED-AIR HAND DRYING DEVICE.


  1. THE HAND WASH SINK AT THE COOKLINE WAS LACKING PROPER HAND DRYING PROVISIONS.

    {OBSERVED 8/6/09 AND 12/22/09).


  2. THERE WAS NO HAND WASH SIGN PROVIDED AT THE HAND WASH SINK IN THE MEN'S RESTROOM, (OBSERVED 8/6/09 AND 12122109),


  1. 36-14-1 6-501.12(A) FC:: (A) CLEANING, FREQUENCY AND RESTRICTIONS. THE PHYSICAL FACILITIES SHALL BE CLEANED AS OFTEN AS NECESSARY TO KEEP THEM CLEAN.


    THE FLOOR THROUGHOUT THE KITCHEN WAS HEAVILY SOILED AND DINGY. (OBSERVED 6/12/09,

    8/6/09, AND 12/22109),


  2. 37-13-1 61C-1.004(6) FAC:: (6) ALL BUILDING STRUCTURAL COMF'ONENTS, ATTACHMENTS AND FIXTURE,S SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS.


THERE WERE CEILING TILES MISSING FF:OM THE CEILING IN THE KITCHEN, (OBSERVED 8/6/09, 9/10/09, AND 12/22/09).


  • denotes critical violation Case Number: 2010004941 Lic.ense Number: 4101299 BEEi" 0 BRADYS

District O 4 License Type: 2010 .. File Number: 231774


Docket for Case No: 10-010828
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer