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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CHARLEY'S GRILLED SUBS, 12-003833 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-003833
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: Oct. 05, 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.
Feb. 18, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 15, 2013 Joint Motion to Relinquish Jurisdiction filed.
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.
Dec. 17, 2012 Order of Pre-hearing Instructions.
Dec. 17, 2012 Notice of Hearing by Video Teleconference (hearing set for February 12, 2013; 9:00 a.m.; Miami and Tallahassee, FL).
Nov. 28, 2012 Response to Initial Order filed.
Nov. 21, 2012 Initial Order.
Nov. 20, 2012 Agency referral filed.
Nov. 20, 2012 Election of Rights filed.
Nov. 20, 2012 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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