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Stat of Florida

Department of Business and Professional Regulation

Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

F'etitioner,

vs,

FALCON CATERING SERVJC #7

Responoent.

                                         .!

l-icense Number. 5852560

License Type 2014

Case Number 2010005743

Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTE:LS AND

RESTAURANTS, ("Petitioner''), files this Adminrstrative Comp! int against FALCON CATERING SERVICE #7,

("Re$pondent"), and says:

1. Petitioner ls the state agency charged with regulating the operation of public lodging establishments and

   public food service establishrn nt$; pursuant to Section 20.165 and Chapter 509, Florida Statute .

2. Respondent is, and has been at all times materi I hereto, licensed by or subj.eat to the jurisdiction of the Division of Hotels :::ind Restaurants. The respondent's l:Jusiness address of record is 4880 8 DISTRIBUTION COURT &2, ORLANDO, FLORIDA 32822.Ths mailing address of record is FALCON CATE IN SERVICE #7, at 842 MENDOZA DR, ORLANDO, FLORIDA 32825.

3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Ch pter 509, Florida Statutes, and/ or the rules promulgated thereto governing

operation of the establishment. The vlolation(s) found an□ applicable law are desr:;ribed in xhibit "A,"

attr,ched hsreto and incorporated herein by reference. Inspection dor:;uments are attached as Exhibit "B'', incorporated her in by reference.

WHEREFORE, PEltitioner respectfully requests entrr of an Order imposing one or more of the following penalties: administrative fine not to exceed 11,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statute;, or the rules promulgated thereto

Signed February 04, 2010 r

Ve.-

Valerie Freeman, District Mar.ager

By delegation of the Director, or designee

Division of Hotels & Restaurants , Department of Business & Professional Regulation

COUNSEL FOR THE DEPARTMENT'.

Marc: Drexler, l..ead Attorney Florida Bar l\lo. 0487058

Department of Business & Professional Regulation

1940 North I\Aonroe Street

Tallahassee, Florida 32399-2202

Certifo::ate of SBrvice

BY CERTIFIEO U.S. MAIL, ARTICLE NUMSER:                                       

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been

hand served by me on this     

day of       

---- --•.201D.

Received by ­

Inspector's Signsture Operator':;; Signature

Title Title

Ca e Number, 2010005743 FIie Number: 20596

Llcen:..e Number: 5852560 2014

FALCON CATaR1NG Sla.RVICi; #7

District Number: 04

Form revised 10.i 5.08

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8504145749 DBPR OGA

PAGE 04

Exhibit A

License Number: 5852560

License Type: 2014 MOBILE FOOD DISPENSING VEHICLE

Case Number: 2010005743

FC as cited herein references specific previsions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1,004(5), Florida Administrative Code.

• denotes a critical violation.

  
  

  It is alleged that on March 13, 2009, April 10, 2009, May 28, 2009, December 3, 2009, January 19, 2010 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida t',dministrative Code (FAC), in the following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B,

  
  

• 1. 038-03-1 3-501.16 (A)(1) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3- 501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKE:D TO A TEMPERATURE AND FORA TIME SPECIFIED IN PARAGRAPH 3- 401.11(8) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE;

HOT FOOD WAS NOT l:IEING MAINTAINED AT 135 DEGREES FAHRENHEIT OR Al:IOVE. RICE WAS 105 DEGREES FAHRENHEIT, PORK WAS 117 DEGREES FAHRENHEIT, MACARONI AND CHEESE WAS

116 DEGREES FAHRENHEIT, COOKeD POTATOES WERE 115 DEGREES FAl'IRENHEIT, AND BE.eF WAS 115 DEGREES FAHRENHEIT. (OBSERVED 4/10/09, 5128/09, AND 1/19/10),

• 2. OSA-20-1 3-306.11 FC:: FOOD DISPLAY. EXCEPT FOR NUTS IN THE SHELL AND WHOLE, RAW FRUITS AND VEGETABLES THAT ARE INTENDED FOR HULLING, PEELING, OR WASHING BY THE CONSUMER BEFORE CONSUMPTION, FOOD ON DISPLAY SHALL BE -PROTECTED FROM CONTAMINATION BY THE USE OF PACKAGING; COUNTER, SERVICE LINE, OR SALAD BAR FOOD GUARDS; DISPLAY CASES; OR OTHER EFFECTIVE ME:ANS, -

DISPLAYED FOOD WAS NOT PROPERLY PROTECTED FROM CONTAMINATION, CUSTOMERS W!:RE SERVING THEMSEINES FROM UNPROTECTED PANS OF FOOD. (OBSERVED 4110/09, 5/28/09, AND 12/3109),

• denotes critical violation Case Number: 2010005743 License Number: 5852500

  FALCON CATl"'RING SERVICE #7

  District o 4

  License Type: 2014

  File Number: 20596

  Dec 28 2010 11:28

  12/28/2010 12:15 8504145749 DBPR OGA PAGE 05

  
  

  Exhibit A

  
  

  • 3. 53B-0B-1 509.049 FS: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT. BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL, THE LICENSF::E MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVl=MBER 1, 2000, MUST RECEIVE CERTIFICATION WIT.HIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS.

    THERE WAS NO PROOF OF EMPLOYEE FOO□ HANDLER TRAINING PROVIDED. (OBSERVED 3113109,

    4110/09, 5/28/09, 12130/09, AND 1/19110).

    
    

  • denotes critical violation Case Number: 2010005743 License Number: 5852560

FALCON CATERING SERVICE #7

District: o 4

License Type: 2014

FIie Number: 20596

Docket for Case No: 10-010925

Orders for Case No: 10-010925