The Issue The issue is whether Respondent Jack Draft House's public food establishment license should be revoked or otherwise penalized based on the facts alleged in the Administrative Complaint.
Findings Of Fact At all times material hereto, Respondent Jack Draft House, was a licensed public food service establishment, license No. 74-046709-R, located at 2400 North Volusia Avenue, Orange City, Florida 32763. Vicky Mayle was at all material times employed by the Department of Business and Professional Regulation, Division of Hotels and Restaurants, as a Sanitation and Safety Specialist. On April 10, 2000, Inspector Mayle performed a routine inspection of Respondent's food service establishment and found violations of food service rules and the rules of the Division of Hotels and Restaurants, all of which she marked on her food service inspection report of April 10, 2000. On April 20, 2000, Inspector Mayle performed a Call- Back/Re-Inspection on Jack Draft House and found that Respondent was still in non-compliance for three of the critical violations enumerated on the food service inspection report of April 10, 2000. On April 24, 2000, Inspector Mayle performed a second Call-Back/Re-Inspection of Jack Draft House and observed that Respondent was still in non-compliance for the three critical violations enumerated on the food service inspection report of April 10, 2000. On April 24, 2000, during the second Call-Back/Re- Inspection, Inspector Mayle observed that the spacer was still missing in the 12-circuit electrical breaker box. Black tape covered the opening for the missing spacer. Further, on April 24, 2000, the parts had not been ordered to repair the electrical breaker box. The empty spacer in the public food service establishment is a critical violation because it would endanger the safety of an employee because if he or she should inadvertently stick a finger into the empty spacer he or she could be electrocuted. The black tape is not a sufficient remedy for the empty spacer located in the electrical breaker box. On April 24, 2000, during the second Call-Back/Re- Inspection, Inspector Mayle observed that there was still no hot running water at a temperature of 110°F, in the women's restroom, used by the employees. The lack of hot water, at the temperature of 110°F in the women's restroom, which is used by employees is a critical violation in that it endangers the health of the employees and patrons of the public food service establishment. At the hearing Respondent testified. Prior to the inspection, the cleaning people had used up the hot water at approximately 4:30 a.m. to clean the bar. The water was turned off to install the ice maker later in the morning. The hot water heater may not have had ample time to replenish the water supply and re-heat the water to 110°F. Even if the electric water was not turned off to install the ice maker, the water may not have been replenished in the hot water heater. This being true, the hot water heater may not have had ample time to replenish the water supply and re-heat the water to 110°F by 9:00 a.m. However, by the time the facility would have had customers the temperature would have recovered. On April 24, 2000, during the second Call-Back/Re- Inspection, Inspector Mayle observed that a brown household extension cord was still being used for the freezer and other appliances in the bar. This is a critical violation in that the use of the extension cords in a public food service establishment endangers the health and safety of employees and patrons of the establishment.
Recommendation Based upon the findings of fact and conclusions of law, it is RECOMMENDED: Petitioner enter its final order finding Respondent violated the provisions of Chapter 509, Florida Statutes, and its rules, as alleged in the Administrative Complaint, and fining the Respondent $1,000 for electrical safety violations. DONE AND ENTERED this 7th day of February, 2001, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 7th day of February, 2001. COPIES FURNISHED: Dorothy J. Trzeciecka, Esquire Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 Sidney J. Simmons, Owner Lisa G. Martin, Manager Jack Draft House 2400 North Volusia Avenue Orange City, Florida 32763 Susan R. McKinley, Director Division of Hotels and Restaurants Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 Hardy L. Roberts, III, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202
The Issue Whether Respondent committed the violations alleged in the Administrative Complaint, and, if so, what disciplinary action should be taken against it.
Findings Of Fact Based upon the evidence adduced at the final hearing and the record as a whole, the following findings of fact are made: At all times material to the instant case, Respondent operated a public food service establishment, the Lifestyle Café, located in Lauderdale Lakes, Florida. Respondent is now, and has been at all times material to the instant case, the holder of a public food service establishment license (license number 16-18253R) authorizing it to operate the Lifestyle Café. On May 3, 2000, William Gubasko, an inspector with Petitioner, conducted an inspection of the premises of the Lifestyle Café. His inspection revealed, among other things, that: the automatic fire suppression system did not have a current certification tag; the light fixture in the walk-in refrigerator did not have a shield; the baseboard on the bottom of the walk-in refrigerator was "decayed" allowing "room temperature" air to seep into the refrigerator; and the kitchen hand sink was filled with pots and pans and therefore employees were not able to wash their hands in the sink. During his May 3, 2000, inspection, Mr. Gubasko issued and served on Respondent a written warning in which he advised Respondent that the conditions described above constituted violations of the law and that if these violations were not remedied by May 9, 2000, administrative penalties would be imposed against Respondent. Mr. Gubasko returned to the premises of the Lifestyle Café on May 9, 2000, and found that the violations described above had not been corrected. The Administrative Complaint that is the subject of the instant controversy was issued on June 19, 2000. Respondent has previously been disciplined by Petitioner (fined $300.00) for other wrongdoing ("fail[ing], neglect[ing], or refus[ing] to pay for [its] license" and operating without a license).
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that Petitioner issue a final order finding that Respondent committed the violations alleged in Counts 1 through 4 of the Administrative Complaint and disciplining Respondent therefor by imposing a fine in the amount of $1,600.00, which may be paid in one lump sum or in monthly installments of no less than $100, and suspending Respondent's license for a period of up to 12 months if it fails to pay the fine as required. DONE AND ENTERED this 31st day of August, 2001, in Tallahassee, Leon County, Florida. STUART M. LERNER 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 31st day of August, 2001.
The Issue The issues in this disciplinary proceeding arise from Petitioner's allegation that Respondent, a licensed restaurant, violated several rules and a statutory provision governing food service establishments. If Petitioner proves one or more of the alleged violations, then it will be necessary to consider whether penalties should be imposed on Respondent.
Findings Of Fact The Division is the State agency charged with regulation of hotels and restaurants pursuant to chapter 509, Florida Statutes. At all times material to this case, Respondent was a restaurant operating at 3100 Northwest 17th Avenue, Miami, Florida, and holding food service license number 2328990. On May 19, 2010, and July 23, 2010, Respondent was inspected by Reginald Garcia, a sanitation and safety specialist employed by the Division. During both visits, Mr. Garcia noticed multiple items that were not in compliance with the laws which govern the facilities and operations of licensed restaurants. Through the testimony of Mr. Garcia and the exhibits introduced into evidence during the final hearing, the Division presented clear and convincing evidence that as of July 23, 2010, the following deficiencies subsisted at Respondent Alma Caribe Café Restaurant: (1) potentially hazardous food held at a temperature greater than 41 degrees Fahrenheit, contrary to Food Code Rule 3-501.16(A); (2) potentially hazardous food not cooled from 135 to 41 degrees Fahrenheit within six hours, in violation of Food Code Rule 3-501.14(A); (3) holding equipment incapable of maintaining potentially hazardous food at proper temperatures, in violation of Food Code Rule 4-301.11; (4) raw food stored over cooked food, contrary to Food Code Rule 3- 302.11(A)(1); and (5) no proof of required employee training, in violation of section 509.049, Florida Statutes. Each of the foregoing deficiencies is considered a critical violation by the Division. Critical food code violations are those that, if uncorrected, present an immediate threat to public safety.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Division of Hotels and Restaurants enter a final order: (a) finding Respondent guilty in accordance with the foregoing Recommended Order; and (b) ordering Respondent to pay an administrative penalty in the amount of $1250, to be paid within 30 days after the filing of the final order with the agency clerk. DONE AND ENTERED this 20th day of December, 2011, in Tallahassee, Leon County, Florida. S Edward T. Bauer Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of December, 2011.
