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: Jan. 21, 2025
‘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
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Nov. 13, 2013 |
Petitioner's Motion for Leave to Amend the Administrative Complaint filed.
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Oct. 28, 2013 |
Order of Pre-hearing Instructions.
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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.
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Oct. 18, 2013 |
Initial Order.
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Oct. 17, 2013 |
Election of Rights filed.
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Oct. 17, 2013 |
Administrative Complaint filed.
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Oct. 17, 2013 |
Agency referral filed.
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