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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs GREEN PARROT BAR AND GRILL, 12-000775 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-000775 Visitors: 3
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GREEN PARROT BAR AND GRILL
Judges: ELIZABETH W. MCARTHUR
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Feb. 27, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 5, 2012.

Latest Update: Jul. 06, 2024
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs, GREEN PARROT BAR & GRILL License Number gate tes Respondent. icense lype / Case Number 2011023053 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against GREEN PARROT BAR & GRILL, ("Respondent"), and says: 1. Petitioner is the state agency charged with. regulating the operation of public lodging establishments and public food service establishments, pursuant tbSection 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 11759 N DALE MABRY HWY, TAMPA, FLORIDA 33618.The mailing address of record is GREEN PARROT BAR & GRILL, at 11759 N DALE MABRY HWY, TAMPA, FLORIDA 33618. 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 are 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, - Joe Perez, District Manager Signed May 03, 20 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 i Department of Business & Professional Regulation 1940 North Monroe Street ’ Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2011. Received by: Inspector's Signature sep Gy Ms. ¢ Operator's Signature Title Title Case Number: 2011023053 File Number: 236556 District Number: 03 License Number: 3906168 2010 Form revised 02.02.11 GREEN PARROT BAR & GRILL Filed February 27, 2012 3:31 PM Division of Administrative Hearings Exhibit A License Number: 3906168 a License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011023053 “EC” 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 44-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1,004(5), Florida Administrative Code. “* denotes a critical violation. Itis alleged that on June 3, 2010, August 12, 2010, Novernber 5, 2010, January 12, 2011, April 19, 2011 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. 1,29-17-1 5202.14 FC:: APPROVED SYSTEM AND CLEANABLE FIXTURES. (A) A PLUMBING SYSTEM SHALL BE DESIGNED, CONSTRUCTED, AND INSTALLED ACCORDING TO LAW. (B) A PLUMBING FIXTURE SUCH AS A HANDWASHING FACILITY, TOILET, OR URINAL SHALL BE EASILY CLEANABLE. WASTE LINE MISSING AT SODA GUN HOLSTER. 2, 37-131 61C-1.004(6) FAC: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. A. OBSERVED HOLE IN CEILING. B. CEILING TILE MISSING. 3, 38-07-1 6-202.11FC:: LIGHT BULBS, PROTECTIVE SHIELDING. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, LIGHT BULBS SHALL BE SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT IN AREAS WHERE THERE IS EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS: OR UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. (B) SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT-BULBS NEED NOT BE USED IN AREAS USED ONLY FOR STORING FOOD IN UNOPENED PACKAGES, IF: (1) THE INTEGRITY OF THE PACKAGES CAN NOT BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM; AND (2) THE PACKAGES ARE CAPABLE OF BEING CLEANED OF DEBRIS FROM BROKEN BULBS BEFORE THE PACKAGES ARE OPENED. (C) AN INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED AGAINST BREAKAGE BY A SHIELD SURROUNDING AND EXTENDING BEYOND THE BULB SO THAT ONLY THE FACE OF THE BULB IS EXPOSED. LIGHTS MISSING THE PROPER SHIELD, SLEEVE COATINGS OR COVERS; AREA OVER ICE MAKER, OBSERVED 6/3/10, 8/12/10, 11/5/10 AND 4/19/11. 4.51-16-1 61C-1.002(6\(C)(1) FAC::_ (1) THE OPERATOR OF EACH PUBLIC FOOD SERVICE ESTABLISHMENT TO BE NEWLY CONSTRUCTED, REMODELED, CONVERTED, OR REOPENED SHALL SUBMIT PROPERLY PREPARED FACILITY'PLANS AND SPECIFICATIONS TO THE DIVISION FOR REVIEW AND APPROVAL IN ACCORDANGE. WITH THE PROVISIONS OF CHAPTER 509, FS, AND RULE CHAPTERS 61C-1 AND 61C-4, FAC. SUCH PLANS MUST BE APPROVED BY THE DIVISION PRIOR TO CONSTRUCTION, REMODELING, CONVERSION, SCHEDULING OF AN OPENING INSPECTION AND LICENSING. NO PLAN REVIEW SUBMITTED/APPROVED AND RENOVATIONS OBSERVED; OBSERVED THREE COMPARTMENT SINK MOVED. . Case Number: 2011023053 File Number: 236556 . . District Number: 03 License Number: 3906168 2010 Form revised 02.02.11 GREEN PARROT BAR & GRILL

Docket for Case No: 12-000775
Source:  Florida - Division of Administrative Hearings

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