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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs EL ROCOTO RESTAURANT, INC., 11-003732 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-003732 Visitors: 5
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: Oct. 05, 2024
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
Source:  Florida - Division of Administrative Hearings

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