Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: QUALITY INN OF ALACHUA
Judges: THOMAS P. CRAPPS
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Jan. 10, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 17, 2011.
Latest Update: Jan. 10, 2025
Jan 10 2011 13:54
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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,
vs.
QUALITY INN OF ALACHUA rigense ry 501 1103068
Respondent. Case Number 2010010193
}
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner”), files this Administrative Complaint against QUALITY INN OF ALACHUA,
(‘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 ail 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 15960 NW US HWY
441, ALACHUA, FLORIDA 32615.The mailing address of record is QUALITY INN OF ALACHUA, at
15960 NW US HWY 441, ALACHUA, FLORIDA 32615.
3. Inspection of thls establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations
of the provisions of Chapter S09, 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.
WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the follawing
penaltias; 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
tules promulgated thereto.
Signed March 03, 2010
Steven von Bodungen, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department 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 NUMBER: 7160 3901 9848 6303 3983
| HEREBY CERTIFY that a true and correct copy of the foragoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this. day of . 2010.
ee Received by:
Inspector's Signature Operator's Signature
Title Title
Case Number: 2010010183 File Number: 196256 District Number: 0S
Form revised 10.15.08
Ucenge Number. 1103069 2010
QUALITY INN OF ALACHUA
01/18/2011
14:41 8504146749
Exhibil A
License Number: 1103069
License Type: 2010 PERMANENT FOOD SERVICE
Case Number. 2010010193
Jan 10 2011 13:54
DBPR OGA PAGE
FC as cited herein references specific provisions of the Food Code, Recommendations of the United States
Public Health Service, Food and Drug Administra
jon, incorporated by Chapter 61C, Florida Administrative
Code. NFPA as cited herein references specific ptovisions of the National Fire Protection Association Life
Safety Code, incorporated by reference at Chapt
Administrative Code, and 61C-1.004(5), Florida A
* denotes a critical violation.
4A-3, Fire Prevention, General Provisions, Florida
ministrative Code.
Itis alleged that on August 4, 2009, August 5, 2009, October 5, 2009, February 8, 2010 the licensee was in
violation of Florida Statute 509(FS) and/or the Rul
Administrative Cade (FAC), in the following parti
inspection(s) are attached herelo and incorporated
" 1,03A-07-1 3-501.16(A) FC::
6 of the Division of Hotels and Restaurants, Florida
lars. Copy(s) of the report(s) for the above referenced
by reference as Exhibit B.
(A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR
WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19,
AND EXCEPT AS SPECIFIED IN PARAGRAPH @
) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD
COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(B) OR
SHALL BE MAINTAINED: (1) AT 135 FORA The SPeCIeD OR ABOVE, EXCEPT THAT ROASTS
REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY 8E HELD AT A TEMPERATURE OF 130
DEGREES FAHRENHEIT OR ABOVE; OR (2) ATA TEMPERATURE SPECIFIED IN THE FOLLOWING: (A)
41 DEGREES FAHRENHEIT OR LESS;
OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F. WHIPPED
BUTTER MARGARINE BLEND 58°F, WAFFLE B
EGGS 52°F IN REACH-IN COOLER. REPEAT VI
FOOD DISPLAY|
* 2. 08A-21-1 3-306.11 FC::
TYER 56°F ON SELF SERVICE BREAKFAST BAR.
LATION. INSPECTIONS DATED 08/04/09 AND 02/08/10.
EXCEPT FOR NUTS IN THE SHELL AND WHOLE, RAW
FRUITS AND VEGETABLES THAT ARE INTENDED FOR HULLING. PEELING, OR WASHING BY THE
CONTAMINATION BY THE USE OF PACKAGING!
GUARDS, DISPLAY CASES; OR OTHER EFFEC
CONSUMER BEFORE CONSUMPTION, FOOD er
OISPLAY SHALL BE PROTECTED FROM
| COUNTER, SERVICE LINE, OR SALAD BAR FOOD
IVE MEANS.
OBSERVED SELF-SERVICE SALAD BAR/BUFFET LACKING ADEQUATE SNEEZE GUARDS OR OTHER
PROPER PROTECTION FROM CONTAMINATION. BREADS AND PASTRY. REPEAT VIOLATION.
" 3.17-07-1 4-302.14 FC:
SANITIZING SOLUTIONS, TESTING DEVICES. A TEST KIT OR OTHER
DEVICE THAT ACCURATELY MEASURES THE CONCENTRATION IN MILLIGRAMS PER LITER OF
SANITIZING SOLUTIONS SHALL BE PROVIDED.
OBSERVED NO CHEMICAL TEST KIT PROVIDED WHEN USING CHEMICAL SANITIZER AT THREE
COMPARTMENT SINKAVAREWASHING MACHINE. ESTABLISHMENT USES QUARTERNARY
SANITIZER BUT HAS CHLORINE TEST STRIPS.
VIOLATION,
” 4A. 32-15-1
POSTER THAT NOTIFIED FOOD EMPLOYEES’
HANDWASHING LAVATORIES USED BY FOOD
FOOD EMPLOYEES’.
6-301.14 FC AND MPLOYEES TB FAC::
PROPER STRIPS NOT AVAILABLE. REPEAT
HANDWASHING SIGNAGE. A SIGN OR
WASH THEIR HANDS SHALL BE POSTED AT ALL
MPLOYEES' AND SHALL BE CLEARLY VISIBLE TO
OBSERVED NO HANDWASHING SIGN PROVIDED AT A HANDSINK USED BY FOOD EMPLOYEES
PREP SINK AREA. REPEAT VIOLATION.
* 4B. 32-16-1 6-301.12 FC::
GROUP OF ADJACENT LAVATORIES SHALL BE
* denotes critical violation
Case Number: 2010010193
License Number: 1703069
QUALITY INN OF ALACHUA
HAND DRYING PROVISION. EACH HANDWASHING LAVATORY OR
PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE
District: 05
License Type: 2010
File Number: 196256
63
Jan 10 2011 13:55
@1/18/2@11 14:41 8504146749 DBPR OGA PAGE
Exhibit A
TOWELS; (B) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL; OR
(C)-A HEATED-AIR HAND DRYING DEVICE.
OBSERVED HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS, PREP SINK AREA. |
REPEAT VIOLATION. INSPECTIONS DATED 08/04/09 AND 02/08/10.
* 5, 53A-07-1 61C-4.023(1) FAC:: (1) EACH LICENSED ESTABLISHMENT SHALL HAVE A MINIMUM
OF ONE CERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL PERIODS OF
OPERATION.
OBSERVED NO CERTIFIED FOOD MANAGER FOR ESTABLISHMENT. REPEAT VIOLATION. —
INSPECTIONS DATED 08/04/09 AND 02/08/10,
* 6.53B-08-1 509.049FS: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT,
BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD
SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR
SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER.
THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD
SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED
BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING
PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE
EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS
REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE
ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL
EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE
A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE
LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS
SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 14, 2000,
MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT
TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS.
OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. REPEAT VIOLATION.
INSPECTIONS DATED 08/04/09, 08/05/09 AND 02/08/10.
* denotes critical violation ; District: 05
Case Number: 2010010193 License Type. 2010
File Number: 196256
License Number: 1103069
QUALITY INN OF ALACHUA
a4
Docket for Case No: 11-000124
Issue Date |
Proceedings |
Feb. 17, 2011 |
Order Closing Files. CASE CLOSED.
|
Feb. 15, 2011 |
Joint Motion to Relinquish Jurisdiction filed.
|
Feb. 14, 2011 |
CASE STATUS: Pre-Hearing Conference Held. |
Feb. 08, 2011 |
Response to Order of Pre-hearing Instructions filed.
|
Jan. 26, 2011 |
Order Allowing Testimony by Telephone.
|
Jan. 26, 2011 |
Order of Pre-hearing Instructions.
|
Jan. 26, 2011 |
Notice of Hearing (hearing set for February 24, 2011; 9:30 a.m.; Tallahassee, FL).
|
Jan. 26, 2011 |
Order (enclosing rules regarding qualified representatives).
|
Jan. 26, 2011 |
Order of Consolidation (DOAH Case Nos. 11-0124, 11-0181).
|
Jan. 14, 2011 |
Response to Initial Order filed.
|
Jan. 11, 2011 |
Petitioner's Motion to Consolidate filed.
|
Jan. 11, 2011 |
Initial Order.
|
Jan. 10, 2011 |
Election of Rights filed.
|
Jan. 10, 2011 |
Administrative Complaint filed.
|
Jan. 10, 2011 |
Agency referral filed.
|