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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs ST JOHNS SEAFOOD AND STEAKS, 11-004997 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-004997 Visitors: 15
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: ST JOHNS SEAFOOD AND STEAKS
Judges: F. SCOTT BOYD
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Sep. 27, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 22, 2011.

Latest Update: Dec. 28, 2024
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL-.REGULATION Petitioner, VS. License Number 2609951 ST JOHNS ani deeed & STEAKS License Type 2010 espon et Case Number 2010050258 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against ST JOHNS SEAFOOD & STEAKS, (“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. Respondentis, 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 7001 MERRILL RD #42, JACKSONVILLE, FLORIDA 32277.The mailing address of record is ST JOHNS SEAFOOD & STEAKS, at 7001 42 MERRILL ROAD, JACKSONVILLE, FLORIDA 32277. 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 is 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 Chapter 509, Florida Statutes, or the rules promulgated thereto. : Signed October 06, 2010 Michelle'Hayne¥, 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. 0487058 . Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: _7160 3901 9849 0947 0274 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2010. Received by: . Inspector's Signature Operator's Signature Title Title Case Number: 2010050258 File Number: 223700 . District Number: 05 License Number: 2609954 2010 Form revised 10.15.09 ST JOHNS SEAFOOD & STEAKS Filed September 27, 2011 11:07 AM Division of Administrative Hearings Exhibit A License Number: 2609951 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010050258 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. Itis alleged that on April 15, 2010, September 17, 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 inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 41,03A-07-1 3-601.16(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 (8) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 185 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME'SPECIFIED IN PARAGRAPH 3-401.11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(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; OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F, MILK WASH AT 58°F ON KITCHEN COUNTER. CHEESE AT 47°F AND RICE AT 44°F IN THREE DOOR REACH-IN COOLER. REPEAT VIOLATION. District: 05 License Type: 2010 File Number: 223700 * denotes critical violation Case Number: 2010050258 License Number: 2609951 ST JOHNS SEAFOOD & STEAKS

Docket for Case No: 11-004997
Source:  Florida - Division of Administrative Hearings

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