eerad/ coos =~ 8dIes A LeeaDUanES mma I, PAGE 81 533 1578 zie Tic ater of he application of the To eARTMENT OF HEALTH AND ‘MENTAL HYGIENE OF THE CiTY OF ‘NEW YORK, i PETITION ail AND NOTICE Meat OE HEARING ANTONIOS DRAGONAS: 25-61 Parsons 3lvd Flushing, N.Y 11354 Holding Motte Food Vendor License No. H05-0030895 CAMIS ID No. 40304849 and Mobile Food Vending Uuit Permit No. H06-0943111 CAMIS ID Ne. 40539676 PLEASE TAKE NOTICE that the New York City Department of Health and Mental Hygiene (the “Department”) charges that respondent has been found guilty of more than four violations of various provisions of Subchapter 2 of Chapter 3, Tide 17 of -he Administrative Code of the City of New York (the “Administrative Code”) and multiple violations of the New York City Health Code (the “Health Code”) in a two-year period; and respordent is required to appear ata hearing to show cause why the Commissioner of the Department (the SCommissioner”) should not suspend, revoke, or deny renewal of respondent's food vendor licence end permit, or deny issuance of a new license and permit to respondent, pursuant to §§17- 309(c) and 17-317 of the Administrative Code and §§5.05(e) and 89.13 of the Health Code. PLEASE TAKE FURTHER NOTICE that a hearing will be held at the Office OF “Administrative Triels and Hearings of the City of New York ‘OATH, 6th Floor, 40 Rector Street, New "Cork, New York, pursuant to Section 17-318 Of The Administrative Code, §5.17 of the Health Code, and §7-02 of Chapter 7, Title 24 of the Rules of the City of New York CRCNY”), cp Monday, May 5, 2008 at 10:00 a.m. 09/10/2008 THU 17:08 [TX/RN NO 54111 Qooreas1ifcddn BIey 1. zbabeabEs /3 Pace es sspondent, represent ‘persons accompanying thera must ‘bring is jtatives, and any other nS: ty with, nies on ae Pec ieation (one ‘ith a photograph), and should plan r . OATH a! least 10 minutes before the hearing. mn espondent mnted at the hearing by: counsel or any oth a ico fee et eave(s) st Ble a Notice of Appearance with OATH ie swe a aetearag. OATH’s rules of practice and procedure aré pl iblished in Tide iN copies 0° OATH’s rules are available at OATH’s offices. i this Tursuant to 48 RCNY Chapter | §1-24, respondent has a right to file an answer to Petition and Notice of Hearing within eight days of service if service was personal, or within thirteen days of service of the petition if service was by mail, unloss a d:fferent time ie fixed by the Adn inistrative Law Judge. Please take further notice that, if the time for respondent to answer expires before the date scheduled for the hesring, petitioner herewith requests the ‘Admini trative Law Judge to fix & date for respondeat to file such answer witteleit wo Inter than thi: date scheduled for such hearing. Hespondent may present evidence and/or witnesses to show cause why respondent's license «aid permit should not be revoked or suspended and/or uot renewed, or issuance of a new license or permit denied. Adjournments are govemed by §1-32 of OATH’s rules. Telephone requeste for adjournment should be addressed to the Administrative Law Judge at (212) 442- 4900. Rspondent's feilure to appear at the hearing will result in the declaration of a default, and the pres:ntation of evidence in respondent's absence. In the event that respondent fails to show cause winy respondent's license and permit should not be revoked, susper.ded and/or not renewed and no r ew license or permit issued, because of respondent's violations of applicable laws, rules and regalations as alleged by the Department, the OATH Adminisnative Law Judge shall Tecomm 2nd an appropriate penalty and/ar disposition to the Comtnissioner ‘These proceedings are based on the following charpes: 1. Respondent Antonios Dragonas (“Respondent”) holds a mobile food vending license, which expired February 28, 2008, and a permit to vend food from a processing wait vehicle or pushcart, which expires August 31, 2008, HTT NI 2. The Department charges that respondent has repeatedly violated various provisi va Provisions of both the Health Code and the Administrative Code, such that respondent's license should be Tevoked pursuant to Health Code §89.13(c) and Administrative Code §17-314.1(@) in that respondent has accumulated four or more violations of the provisions ef the Health Code and 3. Retords of the New York City between November 29, 2006 and Notices cf Viblation NOV") of various provisions of the Admini: Environmental Control Board (“ECB”) show that October 31, 2007, respondent was served personally with 19 various provisions of the Health Code, and seven violations of istrative Code. These records further indicate that all violations 2 94/10/2008 THU 17:08 [Tx/RX NO 5411] Booa84/12/2088 88:e9 1:1 26468400979 PAGE az vjoltions incuded: filing 10 protest sed by ECB. These ; failiog © ; were sustained ard BES Fs TOO jolation of Health Code $81.07, At ta foods food from poteriial cred temperatures; allowing bare hen Foment in sanitary : tous foods at required tem ajain the cart and its equips Pete 135 an cede Bie nigh 2) (a) and 81.37 (a), Respondent ive Code §§17-315 (©) ara (e)- rperating condition, i violation of Bealth Code §58) Cae ed for pF ound in violation of, Administrative indi allows an the Department further indicat= that respondent employs OF Wlca teat of SAF food from his eat, During inspections on May 16, October 18 a October 31, 2007, notices: of violation were issued to ‘these unlicensed vendors, for violation of Qaministrative Code §7-307%(6)(1)- Pursuant to Health Code §5.13 (b), respondent is Aeponsible for employing or allowing an unlicensed vendor to sell foods fem bis cart C* eon holding a permit... sall be jointly and severally Hable for violations of the conditions of serra ofo; ais Code committed by employees ot agents of the person... when ‘such acts are committed in the regular course of the permitted business of such person .-.. oF In ‘the course of nssing the permit”). 5, Pursuant to Health Code §89.13, and Administrative Code §17-317, respondent's mobile food vendor license may be suspended or revoked by the Commissioner following noucs Tad hearing if reopondent “bas found guilty of four ot more violations of this subchapter -— ethin 2 two-vear period, or have been found guilty of 2 violmtion of the provisions of part fourteen of the state sanitary code or of the New York City Health Code; ...” 6 ‘The Department charges that respondent’s accumulation of such violations demonstrates 1espondent’s inability and/or unwillingness to comply with applicable law, and Tequests a fincing that suflicient evidence justifies the Commissioner revoking, suspending, of denying reneval of respondent's mobile food vendor License, and/or denying issuance of any new license to respondent pursuant to Health Code §5.05(¢). 7. Heal h Code §5.05(«) provides that the Commissioner “shall not issve a permit unless, on the basis of the application and other papers submitted, and on the basis of [bepartment or City investigation, f any, he is satisfied that the provisions of this Code will be met.” _ 8. The aillingness of respondent and/or his agents to circumvent applicable Jaw and rules demonstraizs respondent's non-compliance with the Health Code and unsutability to hold license or percit to operate a food-related business in this City, for which the Commissioner may deny issuance of a license or permit pursuant to Health Code §5.05(¢). 9, Accordingly, the Department requests a report and recommendation from an OATH administative law judge that a fair preponderance of the evidence supports the Department's charges and the:jgsuance of an order by the Commissioner revoking respondent's mabile food vending permit and mobile food vending license and denying Issuance of any new or renewal permit or lice'sse to respondent pursuant to Administrative Code §17-317(a)(2) and Health Code §5.05(e) and that the Commissioner may futher order that no named respondent, nor any entity which the Department determines is owned, managed or controlled by such respondent, be 3 04/10/2008 THU 17-08 [Tx/RX NO S411] Goog