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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs QUALITY INN OF ALACHUA, 11-000181 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-000181 Visitors: 17
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. 11, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 17, 2011.

Latest Update: Dec. 22, 2024
11000181AC-011111-15004500

Jan 11 2011 13:36

01/11/2011 14:22 8504145749 DBPR OGA PAGE 05


State of Flori<l,1

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Pelitloner,

vs.

QUALITY INN OF ALACHUA

Respondent.

                                             I


License Number. 1103069

License Type 2010

Case Number 2010061596

AdmjpistratiY@ 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 oper;;,tion of public lodging establishments and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes.

  2. Respondent Is; and has beeh 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 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 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 v·rolation(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.

a

WHEREFORE, Petitioner respectfully requesls entry of an Order imposing one or more of the following penalties: adminislrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license Issued pursuant to this Chapter, and/or :;,ny other relief authorized by Chapter 509, Florida Statutes, or the

rules promulgated thereto.

Signed December 15,

201/2    

"'M"'ic"'h"; lle- .., a_yn'"Ce ·s-,--"D"'is"'t"'r1 "'1 M"'a"'0'"' ,., "'e""r ­

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

cartificate of Service

SYCERTIF=IED U.S. MAIL, ARTICLE NUMBER: 7160 390198490947 1967

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINr has beeri

hand served by me on this     


Inspector's Signature

day of                                                          ,, 201o.

Received by:                                                            Operator's Signature


Title Title


Case Number: 2010081596 FIie Number: 196256

License Nt.imber:. 1103089 2010

Olsttict Number; 05 Form revised 10.04.1O

Jan 11 2011 13:36

01/11/2011 14:22 8504145749 DBPR OGA PAGE 07


Exhibit A


License Number: 1103069

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2010061596


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 Chapter4A-3, Fire Prevention, General Provi$ions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code.


' denotes a critical violation.


It is alleged that on February 8, 2010, November 12, 2010 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Holets and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the r@port(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B.


  • 1. OSA-21-1 3-306.11 FC:: FOOD DISPLAY. EXCEPT FOR NUTS IN THE SHELL AND WHOLE, RAW FRUITS AND VEGETABLES THAT ARE INTENDED FOR HULLING, PEELING, OR WASHING BY THE CONSUMER BEFORE CONSUMPTION, FOOD ON DISPLAY SHALL BE PROTECTED FROM CONTAMINATION BY THE USE OF PACKAGING; COUNTER. SERVICE LINE, OR SALAD BAR FOOD GUARDS; DISPLAY CASES: OR OTHER EFFECTIVE MEANS.

OBSERVED SELF-SERVICE SALAD BAR/BUFFET LACKING ADEQUATE SNEEZEGUARDS OR OTHER PROTl:CTION FROM CONTAMINATION. EGGS ON BUFFET. REPl:AT VIOLATION.


' denoles critical violation Case Number: 2010061596

License Number: 1103069

District: 05

License Type: 2010

File Number: 196256


Docket for Case No: 11-000181
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. 19, 2011 Notice of Transfer.
Jan. 14, 2011 Response to Initial Order filed.
Jan. 12, 2011 Initial Order.
Jan. 11, 2011 Petitioner's Motion to Consolidate filed.
Jan. 11, 2011 Election of Rights filed.
Jan. 11, 2011 Administrative Complaint filed.
Jan. 11, 2011 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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