State of Florida

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Divislon of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs.

SOUTH BEACH BAR & GRILLE

Respondent.

./

License Number 6214772 License Type 201O

Case Number 2012032185

Administrative Complaint

The DEPARTMENT OF BUSINESS ANO PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against SOUTH BEACH BAR & GRILLE, ("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 20.165and 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 14705 GULF BLVD, MADEIRA BEACH, FLORIDA.33708.The mailing address of record is SOUTH BEACH BAR & GRILLE, at 14705 GULF BLVD, MADEIRA BEACH, FLORIDA 33708.

3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Stc;1tutes, 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 "8", incorporated herein by reference.

.lJ .·

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 rellef authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto.

Signed July 25, 2012                     ,- :

COUNSEL FOR THE DEPARTMENT:

Marc Drexler, Lead Attorney Florida Bar No. 0487058 .

CJoePe   By delegation of the Director, or designee Division of Hotels & Restaurants

Department of Business & Professional Regulation

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 S□22 □1 □4

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been

hand served by me on this     

Inspector's Signature

day of · , 2012.

Received by:                             _ Operator's Signature

Title Title

Case Number: 2012032185 File Number: 225082

License Nu mber: 6214772 2010 SOUTH BEACH BAR & GRILLE

District Number: 03

Form revised 09.10.11

Filed December 27, 2012 9:03 AM Division of Administrative Hearings

-                                                                

Exhibit A

License Number: 6214772

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2012032185

"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 July 17, 2012, July 18, 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.

• 1. 03D-05-1 3-501.14(A} FC:: (A} COOKED POTENT/ALLY HAZARDOUS FOOD SHALL BE COOLED:

(1) WITHIN 2 HOURS, FROM 135 DEGREES FAHRENHEIT TO 70 DEGREES FAHRENHEIT; AND (2) WITHIN A TOTAL OF 6 HOURS, FROM 135 DEGREES FAHRENHEIT TO 41DEGREES FAHRENHEIT OR LESS ...

COOKED POTENTIALLY HAZARDOUS FOOD NOT COOLED FROM 135 DEGREES FAHRENHEIT TO 41 DEGREES FAHRENHEIT WITHIN 6 HOURS. OBSERVED COOKED POTATOES AND CORN CHOWDER COOLED TO 57 DEGREES F OVERNIGHT ON 7/17/12. OBSERVED COOKED POTATOES COOLED TO 61 DEGREES F, COOKED CORN COOLED TO 47 DEGREES F, AU JUS COOLED TO 58 DEGREES F AND POTATO SALAD COOLED TO 47 DEGREES F AFTER COOLING OVERNIGHT OBSERVED 7/18/12.

Case Number: 2012032185 File Number: 225082

License Number: 6214772 2010 SOUTH BEACH BAR & GRILLE

District Number: 03

Form revised 09.10.11

Docket for Case No: 12-004143