Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: DAVID' HOT DOGS
Judges: LYNNE A. QUIMBY-PENNOCK
Agency: Department of Business and Professional Regulation
Locations: Sarasota, Florida
Filed: Jun. 19, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 9, 2012.
Latest Update: Nov. 13, 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 6850113
DAVID' HOT DOGS License Type 2014
Respondent Case Number 2011050126
: _ Administrative Complaint ;
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
: RESTAURANTS, (“Petitioner’), files this Administrative Complaint against DAVID' HOT DOGS,
| - (‘Respondent’), and says:
14. 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 653 CORTEZ RD,
BRADENTON, FLORIDA 34207.The mailing address of record is DAVID' HOT DOGS, at 2611 16 ST CT
W, BRADENTON, FLORIDA 34205.
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’
: i 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
os
———tules promulgated thereto.
Signed October 13, 2011
Claudia L lds, Ue District lager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
* COUNSEL FOR THE DEPARTMENT:
Marc Drexter, 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: 71969008911125882634
| 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
Titie Title
Case Number: 2011050126 File Number: 16990 District Number: 07
License Number: 6850113 2014 Form revised 69.10.11
DAVID' HOT DOGS
Filed June 19, 2012 1:59 PM Division of Administrative Hearings
Exhibit A
License Number: 6850113
License Type: 2014 MOBILE FOOD DISPENSING VEHICLE
- Case Number: 2011050126
“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.
it is alleged that on October 5, 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.
* 4,27-16-1 5-202:12(A) AND (B) FC:: HANDWASHING FACILITY, INSTALLATION. (A) A
HANDWASHING LAVATORY SHALL BE EQUIPPED TO PROVIDE WATER AT A TEMPERATURE OF AT
LEAST 100 DEGREES FAHRENHEIT THROUGH A MIXING VALVE OR COMBINATION FAUCET. (B) A
STEAM MIXING VALVE MAY NOT BE USED AT A HANDWASHING LAVATORY. .
HOT WATER SHUT/OFF NOT AT HAND WASH SINK. BOTH HOT AND COLD FAUCETS AT HAND SINK
DO NOT HAVE WATER (NO WATER AVAILBALE ON VEHICLE).
Case Number: 2011050126 — File Number: 16990 District Number: 07
License Number: 6850113 2014 Form revised 09.10.11
DAVID' HOT DOGS
Docket for Case No: 12-002166
Issue Date |
Proceedings |
Jul. 09, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jul. 06, 2012 |
Notice of Voluntary Dismissal filed.
|
Jun. 28, 2012 |
Order of Pre-hearing Instructions.
|
Jun. 28, 2012 |
Notice of Hearing by Video Teleconference (hearing set for August 22, 2012; 9:00 a.m.; Sarasota and Tallahassee, FL).
|
Jun. 27, 2012 |
Response to Initial Order filed.
|
Jun. 20, 2012 |
Initial Order.
|
Jun. 19, 2012 |
Election of Rights filed.
|
Jun. 19, 2012 |
Agency referral filed.
|
Jun. 19, 2012 |
Administrative Complaint filed.
|