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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CLAWDADDYS RAW BAR AND GRILL, 11-002260 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-002260 Visitors: 5
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CLAWDADDYS RAW BAR AND GRILL
Judges: JAMES H. PETERSON, III
Agency: Department of Business and Professional Regulation
Locations: Crystal River, Florida
Filed: May 05, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 16, 2011.

Latest Update: Oct. 05, 2024
11002260AC-050511-13035403


State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs.

CLAWDADDYS RAW BAR & GRILL

Respondent.

                                             I


License Number. 1901235

License Type 201O

Case Number 2010036832

Admini$(rative Complaint

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

RESTAURANTS, ("Petitioner"). files this Administrative Complaint against CLAWDADDYS RAW BAR &

GRILL, ("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 1601 SE HWY 19, CRYSTAL RIVER, FLORIDA 34429.The mailing address of record Is CLAWDADDYS RAW BAR & GRILL, at 1601 SE HWY 19, CRYSTAL RIVER, FLORIDA 34429.

  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 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 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 c , er 509, Florida Statutes, or the rules promulgated thereto.

    Signed July 27, 20



    COUNSEL FOR THE DEPARTMENT:

    Maro Drexler, Lead Attorney Florida Bar No. 0487058

    Joe Perez, Di rict Manager               By delegation of the Director, or deslgnee

    Division of Hotels & Restaurants

    Department of Business & Professional Regulation

          · l.1!:J

    Department of Business & Professional Regulation :,k,J,·.0'

    1940 North Monroe Street

    '

    Tallahassee, Florida 32399-2202

    716

    39 1 98 8 b71

    091 ._

      1         F         i  A/L, ARTICLE NUMBER:   H@Me:fEil

    I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been

    h nd served by me on this     


    Inspector's Sign:;,ture

    day of , 2010.

    Received by:--:---:---,--=---, ­

    Operator's Signature


    Title Title


    Case Number: 2010DJS832 File Number: 201505

    licE:!nse NumbE:!r: 1901235 2010

    CLAWDAODYS RAW BAR & GRILL

    District Number: 03

    Form revised 10.15.09



    Exhibit A


    License Number: 1901235

    License Type: 2010 PERMANENT FOOD SERVICE

    Ca$e Number: 2010036832


    "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 May 13, 2009, September 10, 2009, July 9, 2010 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 reporl(s) for the above referenced inspection{s) are attached hereto and incorporated by reference as Exhibit B.


    1. 51-16-1 61C-1.002{6)(C)(1) FAC:: (1) THE OPERATOR OF EACH PUBLIC FOOD SERVICE ESTABLISHMENT TO BE NEWLY CONSTRUCTED, REMODELED, CONVERTED, OR REOPENED SHALL SUBMIT PROPERLY PREPARED FACILITY PLANS AND SPECIFICATIONS TO THE DIVISION FOR REVIEW AND APPROVAL IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 509, FS, AND RULE CHAPTERS 61C-1 AND 61C-4, FAC. SUCH PLANS MUST BE APPROVED BY THE DIVISION PRIOR TO CONSTRUCTION, REMODELING, CONVERSION, SCHEDULING OF AN OPENING INSPECTION AND LICENSING.

NO PLAN REVIEW SUBMITTED/APPROVED AND RENOVATION OBSERVED; OBSE;RVED ADDITION OF AN OUTDOOR SMOKER.


  • 2. 53A-01-2 509.039 FS AND 61C-4.023(1) FAG ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. MANAGER$ HAVE A PERIOD OF 30 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A

CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE

DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFICATION UPON REQUEST... MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION,



Case Number'. 2010036832 FIie Number: 2075D5 Lice-nse Number; 1901 :35 2010

CLAWOADDYS RAW BAR & GRllL

District Number: 03

Form revised 10.1s.os


Docket for Case No: 11-002260
Source:  Florida - Division of Administrative Hearings

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