The Issue Whether Respondent committed the acts alleged in the Administrative Complaint dated December 21, 2004, and, if so, what disciplinary action should be taken against Respondent's license.
Findings Of Fact Based upon observation of the witness and his demeanor while testifying and the materials received in evidence, the following relevant and material facts are found: At all times material hereto, Respondent, Catfish Country, was licensed and regulated by Petitioner, Department of Business and Professional Regulation, Division of Hotels and Restaurants, having been issued license number 3900935. At all times material hereto, Christopher Damico was employed by Petitioner as a safety and sanitation specialist. Mr. Damico has been employed with Petitioner as a safety and sanitation specialist for one year and eight months. His duties as an inspector include, but are not limited to, inspecting public lodging and food service establishments and performing routine call-back, complaint, and licensing inspections. Prior to his employment with Petitioner, Mr. Damico was employed for two years as a concierge at Hilton Corporation in Gainesville, Florida. Mr. Damico has two years of education in biology at the University of South Florida, in Tampa, Florida, and three years of agriculture study at the University of Florida, in Gainesville, Florida. Upon his employment by Petitioner, Mr. Damico received training in public food service establishments, public lodging establishments, and hazard analysis critical control point; became a special fire safety inspector; and was certified as a food manager. Mr. Damico receives monthly continuing education and on-the-job training. On November 8, 2004, Mr. Damico performed an inspection of Catfish Country. During his inspection, Mr. Damico observed a dead, trapped rodent in a control device, specifically a glue trap. He also observed feces and droppings, evidencing rodent activity and presence. This is a critical violation. A critical violation is a violation that, if not corrected immediately, could pose an immediate public health threat. On November 22, 2004, Mr. Damico performed a follow-up inspection of Catfish Country and set forth his findings in a written report granting Catfish Country's owner, Theoharris Liristis, a time extension until December 14, 2004, to correct noted violations during his prior inspections. On December 14, 2004, Mr. Damico returned for a follow- up correction inspection of Catfish Country. During this inspection, Mr. Damico observed and noted that Mr. Liristis had failed to correct the previous November 8, 2004, violation. During this inspection, Mr. Damico noted that Mr. Liristis could not produce evidence of having the required certified food manager for the establishment. This is a critical violation. During his December 14, 2004, inspection, Mr. Damico noted that Mr. Liristis had failed to correct the previous November 22, 2004, violation and had no proof of the required employee training. The latter is a critical violation. After the above inspections, notice of correction, and extension of time for correction of noted violations, the evidence conclusively established that Mr. Liristis knowingly refused, after repeated notice and time for correction, to correct critical violations found in Catfish County, a licensed establishment serving food to the public, which has been issued license number 3900935.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Department of Business and Professional Regulation, Division of Hotels and Restaurants, enter a final order as follows: Respondent, Theoharris Liristis, d/b/a Catfish Country, having been issued license number 3900935, shall pay an administrative fine in the amount of $2,000, due and payable to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, within 30 calendar days of the date the final order is filed with the agency clerk. Respondent, Theoharris Liristis, having been issued license number 3900935, shall attend an educational program sponsored by the Hospitality Education Program. DONE AND ENTERED this 6th day of March, 2006, in Tallahassee, Leon County, Florida. S FRED L. BUCKINE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of March, 2006.
The Issue Whether Respondent committed the offenses set forth in the Administrative Complaint and, if so, what action should be taken.
Findings Of Fact Petitioner is the state agency charged with regulating and inspecting restaurants. Respondent is licensed and regulated by Petitioner. Respondent’s permanent food service license number is 6902905. Respondent’s license address is 3785 Orlando Drive, Sanford, Florida 32773-5686. Petitioner's inspector inspected Respondent on July 8, 2002. Several deficiencies were noted by the inspector. Among the deficiencies were the following: (1) violation of Florida Administrative Code Rule 61C-4.023(4)(a), “there was no proof of employee training available for employees employed for sixty days or more"; (2) violation of Section 3-304.14(B)(2), 1999 Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration (incorporated into Florida Law by Florida Administrative Code Chapter 61C), “there were wiping cloths on the food prep counters that were not stored in sanitizer"; (3) violation of Section 4-601.11(A), 1999 Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, “the reach-in freezer by the grill had old food debris built-up on the inside"; and violation of Section 6-501.111, 1999 Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, “observed flies in the kitchen area.” One deficiency of critical concern was that Respondent's employees had failed to complete their food service training. The Food Service Inspection Report of the July 8, 2002, inspection advised Respondent: WARNING: Violations in the operation of your establishment must be corrected by July 22, 2002 at 8:00 AM. On July 25, 2002, Petitioner's inspector returned for a re-inspection of the deficiencies noted during the July 8, 2002, inspection. The four deficiencies mentioned in paragraph 3, supra, had not been corrected. During the re-inspection, the following observations were made: "53B No proof of employee certification available for employees employed 60 days or more"; "21 Wiping cloths for food prep counters - no sanitizer"; "22 Mini freezer @ grill w/ old food debris built up on inside of reach in"; and "35 Flies in kitchen areas." Respondent did not appear at the final hearing and, therefore, did not present any mitigating circumstances.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Division of Hotels and Restaurants, enter a final order: Finding that Respondent committed the violations alleged in the Administrative Complaint. Imposing an administrative fine of $2,500.00 payable within 45 days of the filing of the final order. Requiring Respondent’s manager(s) to attend a Hospitality Education Program class within 60 days of the filing of the final order and to provide proof of such attendance to the Division of Hotels and Restaurants. DONE AND ENTERED this 23rd day of October, 2003, in Tallahassee, Leon County, Florida. S JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of October, 2003. COPIES FURNISHED: Kelly A. Fields McDonalds Post Office Box 941869 Maitland, Florida 32751 Charles F. Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 Geoff luebkemann, Director Division of Hotels and Restaurants Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Nancy Campiglia, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202
