Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GRILL 301, D/B/A GRILL 301
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Brooksville, Florida
Filed: Dec. 31, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 18, 2015.
Latest Update: May 16, 2024
State of Florida .
Department of Business and Professional Regulatio
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
vs.
Case Number: 2014044069
GRILL 301 License Number: 3701082
d/b/a GRILL 301, License Type: 2010
Respondent. File Number: 226365
/
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against GRILL 301 d/b/a GRILL 301,
(‘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 4131 TREIMAN BLVD,
RIDGE MANOR, FLORIDA 33523.The mailing address of record is GRILL 301 d/b/a GRILL 301 at 6503
BARCELONA BLVD, BROOKSVILLE, FLORIDA 34602.
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 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
penalties: administrative fine not to exceed $1,000 per offense, suspension, revggation, or refusal of a license
issued pursuant to this Chapter, and/or any other relief authorized by Chapter #09, Florida Statutes, or the rules
promulgated thereto.
Signed October 21, 2014
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 f
Tallahassee, Florida 32399-2202
4414 7266 F904 2009 1A92 bl
Certificate of Service
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER.
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this day of , 2014.
Received by:
Inspector's Signature Operator's Signature
Title Title
Case Number: 2014044069 File Number: 226365 District Number: 03
License Number: 3701082 2010 Form revised 01.01.13
GRILL 301
Exhibit A
License Number: 3701082
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2014044069
It is alleged that on October 16, 2014, October 17, 2014 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 Health 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.
** denotes a high priority violation.
* denotes an intermediate priority violation.
1A. 35A-03-4 6-501.112 FC: Basic: Dead or trapped birds, insects, rodents, and other pests shall be
removed from control devices and the premises at a frequency that prevents their accumulation,
decomposition, or the attraction of pests. .
Observed dead roaches on premises on 10/16/14.
* 1B. 35A-05-4 509.221(7) FS High Priority: The operator of any establishment licensed under this
chapter shall take effective measures to protect the establishment against the entrance and the breeding
on the premises of all vermin. Any room in such an establishment infested with such vermin shall be
fumigated, disinfected, renovated, or other corrective action taken until the vermin are exterminated.
Roach activity present as evidenced by live roaches found; observed 6 live roaches in window
above 3 compartment sink, 5 live roaches in a reach in cooler (unused) in store room and 1 live
roach near a handsink on 10/16/14. Observed 4 live roaches under 3 compartment sink and 1 live
roach near stove on 10/17/14.
** 2.50-07-4 509.261(3) FS High Priority: (3) The division shall post a prominent closed-for-operation
sign on any public lodging establishment or public food service establishment, the license of which has
been suspended or revoked. The division shail also post such sign on any establishment judicially or
administratively determined to be operating without a license. It is a misdemeanor of the second degree,
punishable as provided in Section 775.082 or Section 775.083, for any person to deface or remove such
closed-for-operation sign or for any public lodging establishment or public food service establishment to
open for operation without a license or to open for operation while its license is suspended or revoked.
The division may impose administrative sanctions for violations of this section.
“Closed to Protect Public Health and Safety" sign removed, observed 10/17/14.
Case Number: 2014044069 District: 03
License Number: 3701082 License Type: 2010
GRILL 301 File Number: 226365
Docket for Case No: 14-006145
Issue Date |
Proceedings |
Feb. 20, 2015 |
Transmittal letter from Claudia Llado returning Petitioner's Proposed Exhibits to Petitioner.
|
Feb. 18, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 18, 2015 |
Joint Motion to Relinquish Jurisdiction filed.
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Feb. 17, 2015 |
CASE STATUS: Hearing Held. |
Feb. 05, 2015 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Feb. 04, 2015 |
Petitioner's (Proposed) Exhibit List filed.
|
Feb. 04, 2015 |
Petitioner's Witness List filed.
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Feb. 04, 2015 |
Transmittal Letter filed.
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Jan. 30, 2015 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for February 17, 2015; 1:00 p.m.; Brooksville, FL).
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Jan. 22, 2015 |
Petitioner's Motion for Continuance filed.
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Jan. 15, 2015 |
(Petitioner's) Notice of Voluntary Dismissal of Count filed.
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Jan. 06, 2015 |
Order of Pre-hearing Instructions.
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Jan. 06, 2015 |
Notice of Hearing (hearing set for February 10, 2015; 10:00 a.m.; Brooksville, FL).
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Jan. 05, 2015 |
Response to Initial Order filed.
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Dec. 31, 2014 |
Initial Order.
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Dec. 31, 2014 |
Election of Rights filed.
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Dec. 31, 2014 |
Administrative Complaint filed.
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Dec. 31, 2014 |
Agency referral filed.
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