The Issue Whether Respondent committed the offenses set forth in the Administrative Complaints and, if so, what action should be taken.
Findings Of Fact At all times material hereto, Respondent was licensed by Petitioner. Respondent's last known address is 2838 South U.S. Highway 1, Fort Pierce, Florida. Case No. 02-2160 Petitioner's inspector inspected Respondent on July 13, 2001. Several deficiencies were noted by the inspector. One deficiency of critical concern was that Respondent's employees had failed to complete their food service training. Because of this critical deficiency, Respondent was given a 30-day warning to have the training completed. Over 30 days later, on August 26, 2001, Petitioner's inspector returned for a re-inspection. Three deficiencies were not corrected and remained: Respondent had failed to complete the food service training for its employees; Respondent failed to provide hand towels and soap at the hand wash sink; and Respondent failed to have a light shield at the grill cook area. Respondent, through its owner, does not contend that the deficiencies were not present but provides mitigating circumstances. As to the food service training for employees, the books for the training had been ordered but had not been received at the time of the re-inspection. Additionally, Respondent is closed for the first two weeks in August of each year for vacation and the employees are away. Moreover, the employees completed their training on September 15, 2001. Respondent requested a re-inspection, which was performed by one of Petitioner's supervisors. Respondent had complied with all requirements and no deficiencies were found. Case No. 02-2161 Petitioner's same inspector inspected Respondent on January 31, 2002. Several deficiencies, including critical deficiencies, were noted by the inspector. Seven days later, on February 7, 2002, the inspector returned for a re-inspection due to the critical deficiencies being noted. Nine deficiencies were not corrected and remained: the slicer blade area had an accumulation of old food debris; the shelf in the dry food storage area was rusted; extension cords were being used in the kitchen near the slicer; the rear door was not sealed properly at the bottom and side of the door; there was no backflow prevention device on the spigot below the dish machine; unapproved containers were being reused at the dishwash area; the absence of test strips to test the concentration of the sanitized solution; the dish machine was not sanitizing utensils; and the plate temperature was below 160 degrees. The critical deficiencies were the dish machine was not sanitizing utensils and the plate temperature was below 160 degrees. Respondent, through its owner, does not contend that the deficiencies were not present but provides mitigating circumstances. As to the critical deficiency of the dish machine not sanitizing utensils, Respondent was unable to get the dish machine repaired in one week. As to the food slicer having an accumulation of old food debris, Respondent's employees are instructed to clean the slicer at the end of each shift. However, at the time of the initial inspection on January 31, 2002, and the re-inspection on February 7, 2002, the slicer contained an accumulation of old food debris. As to the shelf in the dry food storage area being rusted, Respondent was unable to get the rusted area painted in one week. Respondent continued to operate between the inspections and re-inspections performed in 2001 and 2002. For 25 years, Respondent's owner has been in the restaurant business in Saint Lucie County (three years as a manager and 22 years as an owner) without an administrative fine. Further, Respondent has no history of disciplinary action being taken against it by Petitioner.
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 Out of Bounds Steak N Grill committed the violations in Case Nos. 02-2160 and 02-2161. Imposing an administrative fine of $500.00 payable within 45 days of the filing of the final order. Requiring the owner of Out of Bounds Steak N Grill, Mr. Henry L. Brandenburg, 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 31st day of October, 2002, in Tallahassee, Leon County, Florida. ERROL H. POWELL 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 October, 2002. COPIES FURNISHED: Henry Lance Brandenburg Out of Bounds Steak N Grill 2838 South U.S. Highway 1 Fort Pierce, Florida 34982 Charles F. Tunnicliff, Esquire Department of Business and Professional Regulation 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 Geoff Luebkemann, Director Division of Hotels and Restaurants Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
