Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CHARLEY'S GRILLED SUBS
Judges: ERROL H. POWELL
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Nov. 20, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 18, 2013.
Latest Update: Dec. 25, 2024
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitloner,
VS.
License Number 2327128
CHARLEY'S GRILLED SUBS License Type 2010
Respondent. Case Number 2012036929
/
OP oY Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner’), files this Administrative Complaint against CHARLEY'S GRILLED SUBS,
(‘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 1465 NW 107 AVE
#462, MIAMI, FLORIDA 33172. The mailing address of record is CHARLEY'S GRILLED SUBS, at 1455
NW 107 AVE #462, DORAL, FLORIDA 33172.
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 rsfereneg, inspection documents are attached as Exhibit “B",
_ incorporated herein by reference,
WHEREFORE, Petitioner respectfully requests entry of an Order imposing o 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 August 28, 2012 :
ou : Carlos lo Wh District anager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professiona} Regulation
COUNSEL FOR THE DEPARTMENT:
Mare Drexler, Lead Attorney
Florida Bar No, 0487068
Department of Business & Professional Reguiation |
1940 North Monroe Street
Tallahassee, Florida 32399-2202
Certificate of Service
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7496 9008 9111 1440 3744
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand:served by me on this, day of , 2012, .
Receivéd by:
Inspector's Signature
Title
Case Number: 2012036929 File Number: 239482
License Number: 2327128. 2010
CHARLEY'S GRILLED SUBS: -
Operator's Signature |
Title ©
Oistrict Number: 04
Form revised 09.10.11
Filed November 20, 2012 2:12 PM Division of Administrative Hearings
Exhibit A
License Number: 2327128
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2012036929
“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 August 21, 2012, 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. 35A-05-1 6-5014.111 FC, CONTROLLING PESTS, THE PRESENCE OF INSECTS, RODENTS,
AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY:
(A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY
INSPECTING THE PREMISES FOR EVIDENCE OF PESTS; (C) USING METHODS, IF PESTS ARE FOUND,
SUCH AS: TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER
SECTIONS 7-202,12, 7-206,12, AND 7-206.13; AND (D) ELIMINATING HARBORAGE CONDITIONS.
OBSERVED 20 PLUS LIVE ROACHES NEAR THE PREP SINK AND BY. THE SODA MACHINE IN THE .
KITCHEN AREA, “
Case Number: 2012036929 — File Number: 239482 : . District-Number: 01
License Number: 2327128 2010 a on Form revised 09.10.11
CHARLEY'S GRILLED SUBS
Docket for Case No: 12-003833
Issue Date |
Proceedings |
Feb. 21, 2013 |
Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits numbered 1-3, to the agency.
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Feb. 18, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 15, 2013 |
Joint Motion to Relinquish Jurisdiction filed.
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Feb. 12, 2013 |
CASE STATUS: Hearing Held. |
Feb. 04, 2013 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Jan. 31, 2013 |
Petitioner's (Proposed) Exhibit List filed.
|
Jan. 31, 2013 |
Petitioner's Witness List filed.
|
Jan. 31, 2013 |
Transmittal Letter filed.
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Dec. 17, 2012 |
Order of Pre-hearing Instructions.
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Dec. 17, 2012 |
Notice of Hearing by Video Teleconference (hearing set for February 12, 2013; 9:00 a.m.; Miami and Tallahassee, FL).
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Nov. 28, 2012 |
Response to Initial Order filed.
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Nov. 21, 2012 |
Initial Order.
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Nov. 20, 2012 |
Agency referral filed.
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Nov. 20, 2012 |
Election of Rights filed.
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Nov. 20, 2012 |
Administrative Complaint filed.
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