FROM: Martha Brauer
DATE: August 8, 2010
RE: Kitchen Update/Administrative Complaint
KITCHEN—As
mentioned in my August 1, 2010 memo, the District has received an extension until
mid-October allowing the Board to discuss options prior to responding to the
Administrative Complaint. Additionally,
we have corresponded with the DBPR and they are now proposing a settlement with
a fine of only $250 for violation(s) and no license required. With this, however, they would expect that
the District’s management of the kitchen would be such that no further
violations would occur—there would be no advertisement/sale of food.
Recently
this administrative complaint has affected the activities in the District. First, when I contacted the DBPR the week of
July 12 to follow-up on the July 1st inspection report, they returned
my call on Friday, July 16th.
Knowing that a club would be having a dinner early in August, I asked
them to help me determine how we could proceed.
I was informed by Gary Tillman, DBPR Supervisor,
he could not speak with me as it could be misconstrued as “giving legal
advice”.
On
July 19th we received the administrative complaint, thereby
providing an explanation for the earlier statement spoken to me by Mr. Tillman. Since that time Scott Rudacille, District attorney,
has been corresponding with the DBPR attorney regarding the administrative
complaint. He has acquired additional
information that indicates the sale/advertisement of food is a central issue to
this complaint. He has submitted our
PP60 Kitchen Policy and has been told that this is not satisfactory to the
Division/DBPR.
As
I became aware of the specifics from Attorney Rudacille, I contacted an officer
of the Cook’s Night Out Club on July 30, 2010. I suggested that they contact DBPR and begin
to investigate whether licensing for the club would be appropriate so that hopefully
the upcoming August 5th club dinner could be held as planned. As the club began to work with DBPR I was
notified of the communications between them.
By August 3rd, it appeared to me that DBPR was hesitant to
respond and needed time to sort through the issues in the administrative complaint
and the request of the Cook’s Night Out Club.
In
talking with Attorney Rudacille and Attorney Barnebey on August 4th,
it was necessary that the District advise the club that
holding the dinner as planned may cause some difficulties for the District. The club chose to cancel the dinner and
return the money paid by the ticket holders.
It
is unfortunate that the timing of the receipt of information from DBPR
influenced the event, causing it to be cancelled at the last minute. Although this discussion began mid-July, it
was not clear until August 4th about possible ramifications.
The
actions of the club prevented the District from having any additional legal
complications. No inspection occurred and no report was
filed. I appreciate all that the Cook’s Night Out Club did to try to work with DBPR in order to hold their
dinner. With the dinner cancelled, the
club donated the purchased potato salad and tomatoes to Our Daily Bread, a
generous gesture not unlike all the club has done for the District and other
organizations over the years.
In
the future the issues regarding the kitchen will be resolved. The Board will be considering whether to
apply for a license and how to handle the administrative complaint when it is
discussed and decided by the Board at a meeting when a quorum is present. The District will be reviewing the specifics
of the “settlement offer” proposed by the Division/DBPR and will determine any necessary
revisions to PP60 Kitchen Policy. I
anticipate that this will occur early in October.
Thanks
again for your attention to this. I will
continue to provide updates when more information is available.