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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs 700 E SUMMWASH, INC., D/B/A WILDSIDE BBQ BAR AND GRILL, 15-006471 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-006471 Visitors: 6
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: 700 E SUMMWASH, INC., D/B/A WILDSIDE BBQ BAR AND GRILL
Judges: LYNNE A. QUIMBY-PENNOCK
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Nov. 17, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 20, 2016.

Latest Update: Dec. 25, 2024
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, : vs. Case Number: ©: 2015035520 700 E SUMMWASH INC License Number: 5808470 License Type: «. 2010 d/b/a WILDSIDE BBQ BAR & GRILL, . _oh* Respondent. File Number: 190146 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against 700 E SUMMWASH INC d/b/a WILDSIDE BBQ BAR & GRILL, (“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 700 E SUMMERLIN ST, ORLANDO, FLORIDA 32801. The mailing address of record is 700 E SUMMWASH INC d/b/a WILDSIDE BBQ BAR & GRILL at 5795 WEST IRLO BRONSON MEMORIAL HWY, KISSIMMEE, FLORIDA 34746. 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 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 12, 2015 J eo Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare Drexier, Lead Aitorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 9434 7265 9904 2034 Wb 57 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: S Et | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE C hand served by me on this. day of __, 2015. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2015035520 File Number: 190746 District Number: 04 License Number: 5808470 201 WILDSIDE BBQ BAR & GRILL Form r revised 01.01.13 om Exhibit A License Number: 5808470 License Type: 2010 PERMANENT FOOD SERVICE - Case Number: 2015035520 It is alleged that on April 30, 2015, June 30, 2015 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. * 41.02A-01-4 . 3-603.11(A)(B)(C)FC: (A) . Intermediate: Except as specified in 3-401.11(C) and Subparagraph 3-401.11(D)(4) and under: 3-801 .11(C), if an animal food:such as beef, eggs, fish, lamb, milk, pork, pouitry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either ready-to-eat form or as an ingredient in another ready-to-eat food, the permit holder shall inform consumers of the significantly increased risk of consuming such foods by way.of a disclosure and reminder, as specified in (B).and (C) of this section-using brochures, deli case or menu advisories, label statements, table tents, placards, or other.effective written means, (B) Disclosure shall include: (1) A description of the animal-derived foods, such as “oysters on the half shell (raw. oysters)," "raw-egg Caesar salad,” and "hamburgers (can be cooked to order)", or (2) Identification of the animal-derived foods by asterisking them to a footnote that states the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients. (C) Reminder shall include asterisking the animal-derived foods requiring disclosure to a footnote that states: (1) Regarding the safety of these items, written information is available upon request; (2) Consuming raw or undercooked meats, poultry, seafood, ‘shellfish, or. eggs may increase your risk of foodborne illness; or (3) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions. Observed raw or undercooked oysters were offered but the establishment had no consumer advisory sign provided on the wall, menu, placard, table tent or by any other written means. * 2.53A-05-5 61C-4.023(1) FAC — Intermediate: Each licensed establishment shall have a minimum of one certified food protection manager responsible for all periods of operation. When four or more employees, at one time, are engaged in the storage, preparation or serving of food in a licensed establishment, there shall be at least one certified food protection manager present at all times when said activities are taking place. There was no currently certified food service manager on duty with four or more employees engaged i in food preparation/handling. . Case Number: 2015035520 File Number: 190148 District Number: 04 License Number: 5808470 2010 Form revised 01.01.13 WILDSIDE BBQ BAR & GRILL

Docket for Case No: 15-006471
Issue Date Proceedings
Mar. 21, 2016 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Jan. 20, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 19, 2016 Joint Motion to Relinquish Jurisdiction filed.
Jan. 15, 2016 Notice of Filing of Amended Administrative Complaint filed.
Jan. 15, 2016 Order (granting Petitioner's motion to amend administrative complaint).
Jan. 14, 2016 Petitioner's Corrected Exhibit List filed.
Jan. 14, 2016 Petitioner's Exhibit List filed.
Jan. 14, 2016 Petitioner's Witness List filed.
Jan. 14, 2016 Transmittal Letter filed.
Jan. 14, 2016 CASE STATUS: Pre-Hearing Conference Held.
Jan. 12, 2016 Notice of Telephonic Status Conference (status conference set for January 14, 2016; 3:00 p.m.).
Jan. 11, 2016 Petitioner's Motion to Amend Administrative Complaint filed.
Dec. 01, 2015 Order of Pre-hearing Instructions.
Dec. 01, 2015 Notice of Hearing by Video Teleconference (hearing set for January 22, 2016; 9:30 a.m.; Orlando and Tallahassee, FL).
Nov. 24, 2015 (Petitioner's) Response to Initial Order filed.
Nov. 18, 2015 Initial Order.
Nov. 17, 2015 Administrative Complaint filed.
Nov. 17, 2015 Election of Rights filed.
Nov. 17, 2015 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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