Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: EL ROCOTO RESTAURANT, INC.
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: West Park, Florida
Filed: Jul. 26, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 2, 2011.
Latest Update: Jan. 10, 2025
State of Florida
Department of Business and Pro es:
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
VS.
EL ROCOTO RESTAURANT INC rigense Type 210
Respondent. Case Numbef 2010032724
Administrative Co!
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REG!
RESTAURANTS, (‘Petitioner’), files this Administrative Comp! int against EL
(‘Respondent’), and says:
1. Petitioner is the state agency charged with regulating the operation of pu
5 and Chap
prec to the jurisdiction of the
public food service establishments, pursuant to Section 20.4
2.
3990 SW 40 AVE, WEST PARK, FLORIDA 33023.
Inspection of this establishment conducted pursuant to See,
of the provisions of Chapter 509, Florida Statutes, and / or|th
operation of the establishment. The violation(s) found ani applicable la
Respondent is, and has been at all times material hereto, licensed by or
Division of Hotels and Restaurants. The respondent's bu! iness address
WEST PARK, FLORIDA 33023.The mailing address of re ord is EL RO!
09,032, Flo
LATION, D
sional Regulation
IVISION OF HOTELS AND
ROCOTO RESTAURANT INC,
lic lodging establishments and
er 509, Florida Statutes.
if record is 3990 SW 40 AVE,
OTO RESTAURANT ING, at
ida Statutes, revealed. violations
rules ponte thereto governing
are described in Exhibit “A,”
attached hereto and incorporated herein by reference. Ins} ection documents are attached as Exhibit "B”,
incorporated herein by reference.
WHEREFORE, Petitioner respectfully requests entry of an Order
penalties: administrative fine not to exceed $1,000 per offense, s|
issued pursuant to this Chapter, and/or any other relief authorize
rules promulgated thereto.
Signed July 01, 2010
By delegation of
Division of M4
Department
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
Cortificate of Service
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
| HEREBY CERTIFY that a true and correct copy of the foregoing
hand served by me on this____ day of
Received
Inspector's Signature
Title
Case Number: 2010032724 File Number: 220738
License Number: 1610215 2010
EL ROCOTO RESTAURANT ING
imposing o
spension,
by Chapte'
Ken Buck, District Manager
the Directoy, or designee
tels & Restaur
Business & P'
ADMINIST|
,2
le or more of the following
evocation, or refusal of a license
509, Florida Statutes, or the
pats
ofessional Regulation
ATIVE COMPLAINT has been
10.
Operator's sfarstre
Title
District Number: 02
Form revised 10.15.08
Filed July 26, 2011 2:57 PM Division of Administrative Hearings
Exhibit A
License Number: 1610215
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2010032724
"FC" as cited herein references specific provisions of the Foo: Code, Reco
Public Health Service, Food and Drug Administration, incorpo ted by Chapt
Code, “NFPA” as cited herein references specific provisions o the National F
Safety Code, incorporated by reference at Chapter 4A-3, “Fire|/Prevention, G
Administrative Code, and 61C-1.004(5), Florida Administrative] Cdde.
“" denotes a critical violation.
Itis alleged that on March 30, 2010, June 14, 2010 the licens
and/or the Rules of the Division of Hotels and Restaurants, Fi
particulars. Copy(s) of the report(s) for the above referenced i
incorporated by reference as Exhibit B.
Wy
rida Administr
stection(s) ar
HO ARE RES
* 41,53A-19-1 61C-4.023(1) FAC:; (1) ALL MANAGERS
STORAGE, PREPARATION, DISPLAY, AND SERVING OF F
ACERTIFICATION TEST APPROVED BY THE DIVISION DE}
FOOD PROTECTION PRACTICES AS ADOPTED IN THIS C
SUCCESSFULLY PASS AN APPROVED CERTIFICATION re
CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH
FROM THE DATE OF ISSUANCE.
OBSERVED EXPIRED FOOD MANAGER CERTIFICATION.
A\
“ 2,53B-08 61C-4,023(4)(C) FAC LICENSEES WHO P
SHALL MAKE AVAILABLE ON THE PREMISES OF THE ES
OVIDE IN-HO
LISHMENT,
ENTERTAINMENT COMPLEX IN A CENTRAL LOCATION, U
IN THE DI
m
r61C, Florida Administrative
re Protection Association Life
fas in ins
endations of the United States
neral Provisions”, Florida
in of Florida Statute 509(FS)
tive Code (FAC), in the following
attached hereto and
ONSIBLE FOR THE
ODS TO THA PUBLIG SHALL HAVE PASSED
GNSTRATING A BASIC KNOWLEDGE OF
TER. THOSE MANAGERS WHO.
INATION SHALL BE ISSUED A
IS VALID FOR A PERIOD OF FIVE YEARS
USE EMPLOYEE TRAINING
OR IN A THEME PARK OR
ION'S REQUEST, THE
VI
CURRICULUM AND MATERIALS USED TO CONDUCT TRAINING, IF TRAINING IS OBTAINED FROM AN
OUTSIDE PROVIDER, THE LICENSEE MUST PROVIDE, UPON THE DIV!
INFORMATION ABOUT THE SELECTED TRAINING PROGR
TRAINING OUTCOMES. TRAINING OUTCOMES INCLUDE EMPLOYEES
PROCEDURES AND ANSWERING QUESTIONS RELATIVE TO|ASSIGNE!
ION'S REQUEST,
AND METHODS USED TO EVALUATE
ORRECTLY APPLYING
DUTIES. EMPLOYEES MUST
PERFORM THEIR WORK DUTIES SAFELY IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF
THE FOOD CODE.
OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED.
Case Number: 2010032724 Fite Number: 220738
License Number: 1610215 2010
EL ROCOTO RESTAURANT INC
District Number: 02
Form revised 10.15.09
Docket for Case No: 11-003732
Issue Date |
Proceedings |
Sep. 02, 2011 |
Order Closing File. CASE CLOSED.
|
Sep. 02, 2011 |
Notice of Voluntary Dismissal filed.
|
Aug. 12, 2011 |
Notice of Telephonic Final Hearing (hearing set for September 15, 2011; 9:00 a.m.).
|
Aug. 08, 2011 |
Amended Response to Initial Order filed.
|
Aug. 03, 2011 |
Response to Initial Order filed.
|
Jul. 27, 2011 |
Initial Order.
|
Jul. 26, 2011 |
Administrative Complaint filed.
|
Jul. 26, 2011 |
Agency referral filed.
|
Jul. 26, 2011 |
Election of Rights filed.
|