Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: BOB'S CATERING NO. 3
Judges: W. DAVID WATKINS
Agency: Department of Business and Professional Regulation
Locations: Clermont, Florida
Filed: May 13, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 1, 2011.
Latest Update: Dec. 25, 2024
11002444AC-051311-11594259
State of Florlda
Department of Business and Profesaional Regulation Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS ANO PROFESSIONAL REGULATION
Petitioner.
vs.
BOB'S CATERING #3
Respondent.
_,/
License Number. 5852941
license Type 2014
Case Number 2010023007
Administratlva Complaint
The DEPARTMENT OF BUSINESS ANO PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner"), files this Administrative Complaint against BOB'S CATERING #3, (''Respondent''), and says:
Petitioner is the state agenc:y charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes
Respondenl 1s, and has been at all times materJal herelo, licensed by or subject to the Jurisdiction of the
Division of Hotels and Restaurants. The respondent's business address of record is 2640 KUNZE AVE.. ORLANDO, FLORIDA 32806.The mailing address of record is BOB'S CATERING #3, at 10632 ARROW TREE BLVD, CLERMONT, FLORIDA 34715
Inspection of this establishment conducled pursuant to Sec 509.032, Florida Statutes. revea(ed violations of the provisions of Chapter 509, Florida Statutes, and I or the rules promulgated thereto governing
opera ion of the establishment The violatIon(s) found and applicable law are descnbed In Exhibit "A." attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit "'B". incorporated herein by reference.
WHEREFORE, Petitioner respec ully requests entry of an Order imposing one or rnore of the following penalties: administrative flne not to exceed $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulga'ed thereto.
Signed May 06, 2010
Valerie Freeman, District Manager
By delegation of the Director. or deslgnee Dll1ision of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Marc Drexler, Lead Attorney Florida Bar No. 0487058
Department of Business & Professional Regulation 1940 North Monroe Street
Tallahassee, Florida 32399-2202
Certificate of Service
BY Cl=RTIFIED U.S. MAIL, ARnCLE NUMl:Jl=R:
I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this
Inspector's Signature
day of .2010.
Received by: _ Operator's Signature
Tille Title
Case Nur11ber: 201UD23007 l==ile Number: 26332
License Number: 5852941 2014
BOB"S CATERING #3
District Number 04
Form revi$ed 10.15.09
Exhibit A
license Number: 5852941
License Type: 2014 MOBILE FOOD DISPENSING VEHICLE
Case Number: 2010023007
FC as ciled herein references specific provisions of the Food Code, Recommendations of the United States Public Health SeNlce, 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.
II is alleged that on December 3, 2009, January 19, 2010, April 21, 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 report(s) for the above referenced 1nspectlon(s) are attached hereto and incorporated by reference as Exhibit B
1. 03A-07-1 3-501.16(A) FC.: (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 (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FORA TIME SPECIFIED IN PARAGRAPH 3-401.11(8) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-40311(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING (A) 41 DEGREES FAHRENHEIT OR LESS:
ON 1213/D9, POTATO SALAD WAS 58 DEGREES FAHRENHEIT, BEEF WAS 125 DEGREES FAHRENHEIT, AND RICE WAS 12!1 DEGREES FAHRENHEIT. ON 1119/10, MEATBALLS WERE 9B DEGREES FAHRENHEIT, BEEF WAS 100 DEGREES FAHRENHEIT, RICE WAS 112 DEGREES FAHRENHEIT, AND PASTA WAS 113 DEGREES FAHRENHEIT. ON 4/21/10, PASTA WAS 49 DEGREES FAHRENHEIT, CEVICHE WAS 46 DEGREES FAHRENHEIT, CHIC)(EN WAS 113 DEGREES FAHRENHEIT, PORK WAS 120 DEGREES FAHRENHEIT, MACARONI ANO CHEESE WAS 115 DEGREES FAHRENHEIT, AND HAMBURGERS WERE 130 DEGREES FAHRENHEIT.
2. 0BA-20-1 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
FOOD WAS BEING OFFERED FOR CUSTOMER SELF SERVICE ON AN OUTSIDE BUFFET ON A TABLE UNDER THE INTERSTATE-4 HIGHWAY.
p denotes critical v1olatlon Case Number: 2010023007 License Number: 58S2941 BOB"S CATERING #3
D1str1cl: 04
License Type: 2014
File Number. 26332
Docket for Case No: 11-002444
