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.
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