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State of Florida

Department of BusiMss and ProfassJonal Regulation

Division of HotAIS :;,nd Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

VS.

FOODIE CATERING INC

Respondent

                                      _.!/

License Number. 5811023

License Type 2013

Case Number 2010023392

Administrative Complaint

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

RESTAURANTS. (''Petitioner"), files this Administrative Complaint against FOODIE CATERING INC. ("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 307 N ORANGE BLOSSOM TR, ORLANDO, FLORIDA 32804.The malling address of record is FOODIE CATERING INC, at 307 N ORANGE BLOSSOM TR, ORLANDO, FLORIDA 32804.

3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed vlolatlons of the provisions of Chapter 509. Florida Statutes, and/ or the rulM promulgated theteto governing operation of the establishment. The violalion(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.

WH!cREFORE, 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 Chapter 509, Florida Statutes, or the rules promulgated thereto.

Signed May 10. 2010

Valerie Freeman. 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. 048705B

Department of Business & Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399,2202

Certificate of Service

BY CERTIFIED U,S, MAIi., ARTICI.E NUMBER:

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

hand served by me on this     

lnspector·s Signature

day of                                                      , 2010,

Received by:.                                                               Operato s Signature

Title

C.se Number; 2010023392 Fil• Number: 3840

Lic::ans Numbar: SB110:t '.2013

FOODIE CATERING INC

Olstrid Number: 04

Form revised 1O.15,09

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Exhibit A

License Number; 5811023 License Type: 2013 CATERING Case Number: 2010023392

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 April 28, 2010, April 30, 2010 the licensee was in violation of Florida Statute 509(FSJ 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 inspecilon(s) are attached hereto and incorporate6 by reference as Exhibit 8.

  
  

• 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 (BJ OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(8) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY ·sE 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 4/28/10, CHEESE WAS 46 AND 48 DE'GREES FAHRENHEIT, FLAN WAS 52 DEGRl=ES FAHRENHEIT, AND HAM WAS 52 DE'GREES FAHRENHEIT. ON 4130/1O, COUS COUS WAS 4B DEGREES FAHRENHEIT, AND RAW BACON WAS GO DEGREES FAHRENHEIT.

  
  

  • 2. 04-01-1 4-301.11 FC:: COOLING, HEATING, AND HOLDING CAPACITIES. E'QUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3.

    
    

    THE WHITE COOLER AND TWO DOOR COOLER WERE NOT MAINTAINING FOOD AT 41 DEGREES

    FAHRENHEIT OR BELOW.

    
    

    
    

• denotes critical violation Case Number: 2010023392 License Number: 5B11023

FOODIE CATERING INC

District: 04

License Type: 2013

File Number: 3640

Docket for Case No: 11-002739