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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs JUAN LOVE'S LUCY RESTAURANT, 13-004121 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-004121 Visitors: 53
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JUAN LOVE'S LUCY RESTAURANT
Judges: MARY LI CREASY
Agency: Department of Business and Professional Regulation
Locations: Key West, Florida
Filed: Oct. 17, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 19, 2013.

Latest Update: Jun. 07, 2024
‘State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Peiitioner, VS. JUAN LOVE'S LUCY RESTAURANT ; reense tee anes Respondent. Case Number 2013030923 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against JUAN LOVE'S LUCY RESTAURANT, (‘Respondent’), and says: 4. 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 Siatutes. 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 124 DUVAL ST, KEY WEST, FLORIDA 33040.The mailing address of record is JUAN LOVE'S LUCY RESTAURANT, at 124 DUVAL ST, KEY WEST, FLORIDA 33040. 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 pénaities: administrative fine riot to exceed $1,000 per offense, suspension, revocation, or refusal of alicense issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed July 29, 2013 0 Carlos Lezcano, District Ly rex By delegation of 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 8127 5869 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2013. Received by: Inspector's Signature . Operator's Signature Title Title Case Number: 2013030923 File Number: 260245 District Number: 01 License Number: 5402708 2010 Form revised 01.01.13 JUAN LOVE'S LUCY RESTAURANT Exhibit A License Number: 5402708 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013030923 It is alleged that on March 26, 2013, and June 25, 2013, Respondent was in violation of Florida Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific provisions of the Food Code, Recommendations of the United States Public Heaith Service, Food and Drug Administration, as incorporated by Chapter 61C, 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. * denoies a high priority violation. * denotes an intermediate priority violation. * 4.52-01-4 509.292(1) FS Intermediate: (1) An operator may not knowingly and willfully misrepresent the identity of any food or food product to any of the patrons of such establishment. The identity of food or a food product is misrepresented if: (a) The description of the food or foad product is false or misleading in any particular; (b) The food or food product is served, sold, or distributed under the name of another food or food praduct; or (c) The food or food product purports to be or Is represented as a food or food product that does not conform to a definition of identity and standard of quality if such definition of identity and standard of quality has been established by custom and usage. Observed establishment advertised grouper on the menu/menu board, but served another type of fish {swai fish sold as grouper). Case Number: 2013030923 File Number: 260245 District Number: 04 License Number. 5402708 2010 Form revised 61.01.13 JUAN LOVE'S LUCY RESTAURANT

Docket for Case No: 13-004121
Issue Date Proceedings
Nov. 26, 2013 Transmittal letter from Claudia Llado forwarding records to the agency.
Nov. 19, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 19, 2013 Notice of Voluntary Dismissal filed.
Nov. 19, 2013 Order Granting Extension of Time.
Nov. 18, 2013 Motion to Extend Deadline for Filing (Proposed) Exhibits filed.
Nov. 18, 2013 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Nov. 18, 2013 Order Accepting Qualified Representative.
Nov. 15, 2013 Petitioner's Request to Accept Qualified Representative filed.
Nov. 15, 2013 Petitioner's (Proposed) Exhibit List filed.
Nov. 15, 2013 Petitioner's Witness List filed.
Nov. 15, 2013 Transmittal Letter to Judge Creasy from Charles Tunnicliff filed.
Nov. 15, 2013 Notice of Filing of Amended Administrative Complaint filed.
Nov. 14, 2013 Order Granting Motion to Amend Administrative Complaint
Nov. 13, 2013 Petitioner's Motion for Leave to Amend the Administrative Complaint filed.
Oct. 28, 2013 Order of Pre-hearing Instructions.
Oct. 28, 2013 Notice of Hearing by Video Teleconference (hearing set for November 25, 2013; 9:30 a.m.; Key West and Tallahassee, FL).
Oct. 25, 2013 Response to Initial Order filed.
Oct. 18, 2013 Initial Order.
Oct. 17, 2013 Election of Rights filed.
Oct. 17, 2013 Administrative Complaint filed.
Oct. 17, 2013 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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