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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUALTION, DIVISION OF HOTELS AND RESTAURANTS vs PM BECKER LLC, D/B/A DUNKIN DONUTS, 15-006777 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-006777 Visitors: 62
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUALTION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: PM BECKER LLC, D/B/A DUNKIN DONUTS
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Business and Professional Regulation
Locations: Port St. Lucie, Florida
Filed: Dec. 01, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 2, 2015.

Latest Update: Dec. 24, 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: 2015044432 PM BECKER LLC ricense Number: 6603062 d/bla DUNKIN DONUTS, File Number "376002 Respondent. : ! Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against PM BECKER LLC d/b/a DUNKIN DONUTS, (“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 650 SE. BECKER RD, PORT ST LUCIE, FLORIDA 34984. The mailing address of record is PM BECKER LLC d/b/a DUNKIN DONUTS at 481 SW PORT ST LUCIE BLVD, SUITE D, PORT ST LUCIE, FLORIDA 34953. 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 respectfutly requests entry of an Order imposing one or mere 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. Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation Signed October 08, 2015 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: * | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2015. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2015044432 — File Number: 276002 District Number: 04 License Number: 6603062 2010 Form revised 01.01.13 DUNKIN DONUTS Exhibit A License Number: 6603062 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2015044432 Itis alleged that on June 08, 2015, August 07, 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 61G, FAC in the following particulars. Copy(s) of the repori(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. 1.10-07-4 3-304.12(F) FC Basic: During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored: (F) In a container of water if the water is maintained at a temperature of at least 135 degrees Fahrenheit and the container is cleaned at a frequency specified under Subparagraph 4- 602.11(D)(7). An in-use utensil was stored in unclean water below 135 degrees F. On 06/08/15, the water was 78 degrees F. On 08/07/15, the water was 88 and 105 degrees F. 2.14-67-4 4-501.11(A) and{B) FC Basic: (A) Equipment shall be maintained in a state of repair and condition that meets the requirements specified under Parts 4-1 and 4-2. (B) Equipment components such as doors, seals, hinges, fasteners, and kick plates shail be kept intact, tight, and adjusted in accordance with manufacturer's specifications. . The reach-in cooler gasket was torn/in disrepair on the lowboy unit at the front counter next to the donut display. : * 3.53A-01-5 509.039 FS Intermediate: All public food service establishments must provide the division with proof of food service manager certification upon request, including, but not limited to, at the time of any division inspection of the establishment. The manager was lacking proof of food manager certification. Case Number: 2015044432 File Number: 276002 District Number: 04 License Number: 6603062 2010 Form revised 01.01.13 DUNKIN DONUTS

Docket for Case No: 15-006777
Issue Date Proceedings
Dec. 02, 2015 Order Closing File. CASE CLOSED.
Dec. 02, 2015 Joint Motion to Relinquish Jurisdiction filed.
Dec. 01, 2015 Initial Order.
Dec. 01, 2015 Election of Rights filed.
Dec. 01, 2015 Agency referral filed.
Dec. 01, 2015 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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