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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CAL'S PLACE, 12-001064 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-001064 Visitors: 10
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CAL'S PLACE
Judges: BARBARA J. STAROS
Agency: Department of Business and Professional Regulation
Locations: Gainesville, Florida
Filed: Mar. 21, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 4, 2012.

Latest Update: Jan. 05, 2025
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. 1 License Number 5201357 CAL'S PLACE R dent License Type 2010 espon , . Case Number 2011027519 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against CAL'S PLACE, ("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 11007 SE 66 TERR, BELLEVIEW, FLORIDA 34420,The mailing address of record is CAL'S PLACE, at 5562 NW 61ST CT, OCALA, FLORIDA 344822629. 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. Signed May 31, 2011 , District Manager By delegatio! 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: _7196 9008 9111 0476 0489 | 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 Operator's Signature Title Title Case Number: 2011027519 — File Number: 128546 District Number: 05 License Number: 5201357 2010 Form revised 02.02.14 CAL'S PLACE Filed March 21, 2012 1:48 PM Division of Administrative Hearings Exhibit A License Number: 5201357 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011027519 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 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1,004(5), Florida Administrative Code. * denotes a critical violation. It is alleged that on October 22, 2010, May 24, 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. * 1.03A-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 (B) 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(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, CORNED BEEF AT 48°F AND TURKEY AT 45°F INSIDE REACH-IN COOLER ACROSS FROM THE GRILL. REPEAT VIOLATION. * 2.04-01-1 4301.11 FC:: COOLING, HEATING, AND HOLDING CAPACITIES. EQUIPMENT 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. OBSERVED COLD HOLDING EQUIPMENT INCAPABLE OF MAINTAINING POTENTIALLY HAZARDOUS FOOD AT PROPER TEMPERATURE. REACH-IN COOLER ACROSS FROM GRILL HAS AMBIENT TEMPERATURE OF 53 DEGREES F INSIDE. REPEAT VIOLATION. * 3,09-04-1 3-301.11(B) FC:: (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES' MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT. OBSERVED BARE HAND CONTACT OF READY-TO-EAT FOOD BY EMPLOYEES AND ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE IN EFFECT. REPEAT VIOLATION. District: 05 License Type: 2010 File Number: 128546 * denotes critical violation Case Number: 2011027519 License Number: 5201357 CAL'S PLACE

Docket for Case No: 12-001064
Source:  Florida - Division of Administrative Hearings

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