- i ® @ an . yy) “ee 7 STATE OF FLORIDA ty < DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAHIO ip e DIVISION OF HOTELS AND RESTAURANTS Al, 6 oO : ; OM, DEPARTMENT OF BUSINESS AND : Ny a PROFESSIONAL REGULATION, “py “fo * he cA Petitioner, Vy A “> vs. S 4 Lo License No. 62-50917-R . DELI FRESH INC #5162 Case No. 07-01-009 ™ Respondent. : . Ol C20 / ADMINIS T - The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: DELI FRESH INC #5162, . (‘Respondent’), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Sec. 20.165 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's last known business address fs 109 COMMERCE BOULEVARD, OLDSMAR, FL 34677.The last known mailing address is DELI FRESH, INC., 109 COMMERCE BOULEVARD, OLDSMAR, FL 34677. 3. Inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The violation(s) found and applicable law are described in Exhibit “A”, attached hereto and incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following , “ penalties: administrative fine not to exceed $1000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; suspension, revocation, or tefusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. ae Signed January 29, 2001 Gary Tiilman, District Administrator By delegation of Susan R. McKinley, Director Division of Hotels & Restaurants eo Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: ’ Gail Hoge, Senior Attomey Florida Bar No. 0909289 Department of Business & Professional Regulation 1940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 CERTIFICATE OF SERVICE ; _ BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:_7099 3400 0004 7026 7804 | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me on this day of. , 2001. 2 ‘Received by: . Inspector's Signature Operator's Signature Title Title Case No: 07-01-009 Revised 1/1/2001 License No: 62-50917-R Business Name: DELI FRESH INC #5162 a License No. 62-50917-R Case No. 07-01-009 Exhibit A “FC” as cited herein references specific provisions of the 1997 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. It is alleged that on January 24, 2001 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code(FAC), in the following particulars: 1. *01a-1 2. *03a-3 3, 32-14 4. *35b-1 3-201.11(A) FC 3-701.11(8) FC 3-501.16(8) FC 6-301.11 FC 61C-1.004(3) FAC FOOD shail be obtained from sources that comply with LAW. FOOD that Is not from an APPROVED source as specified in §§ 3-201.11 through .17 shall be discarded. A) OBSERVED RAW PORK, AND RAW GROUND BEEF PATTIES ON TRUCK. B) OBSERVED PORK CHOPS, HAMBURGERS, AND HOT DOGS COOKED ON GRILL ON TRUCK. Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under § 3-501.19, POTENTIALLY HAZARDOUS FOOD shall be maintained: (B) At 5°C (41°F) or less, except as specified under J a (C) of this section and § 3-501.17, 3-501.18, and 4- 204.111 OBSERVED TUNA SALAD SANDWICH AT 50 DEGREES FAHRENHEIT, TIME IN LIEU OF TEMPERATURE IS NOT INDICATED. Handwashing Cleanser, Availability. Each handwashing lavatory or group of 2 adjacent lavatories shall be provided with a supply of hand cleaning liquid, powder, or bar soap. OBSERVED HANDWASH SOAP IS NOT PROVIDED AT HANDWASH SINK. Effective control measures shall be taken to protect against the entrance into the establishment, and the breeding or presence on the premises of rodents, flies, roaches and other vermin. All buildings shall be effectively rodent-proofed, free of rodents and © maintained in a rodent-proof and rodent-free condition. All windows used for ventilation must be screened, except when effective means of vermin control are used. Screening material shail not be less than 16 mesh to the inch or equivalent, tight fitting and free of breaks... Exhibit A Page 1 of 2 License No. 62-50917-R Case No. 07-01-009 5. *53a-1 509.039 FS 61C-4.023(1) FAC OBSERVED AIR CURTAIN (FLY FAN) WAS NOT OPERATIVE AT STEAM TABLE. ... All managers employed by a food service establishment must have passed [the food service manager]‘test and received a certificate attesting thereto. Managers have a period of 90 days after employment to pass the required test... All managers who are responsible for the storage, preparation, display, and serving of foods to the public shall have passed a written certification test approved by the division demonstrating a basic knowledge of food protection practices regulated and administered by the division or an agency of state goverment outside Florida which has been approved by the division. Those managers who successfully pass the certification examination shall be issued a certificate which is valid for a period of five years from the date of issuance. All establishments shall designate in writing the food service manager or managers for each location. Establishments that have four or more employees at one time engaged in the storage, preparation or serving of food shail have at least one certified manager present at all times when said activities are taking place. All other establishments shall have a certified manager or managers responsible for all periods of operation but said manager or managers need not be present at all times. . . OBSERVED OPERATOR (DRIVER) OF VEHICLE IS NOT A. CERTIFIED FOOD MANAGER. Exhibit A Page 2 of 2 7 e e a FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL na gn DIVISION OF HOTELS AND ESTAR Q "yy EXPLANATION OF RIGHTS ye 7h “S The enclosed Administrative Complaint charges you with violating one or OO oan of Chapter 509, Florida Statutes, or Rule 61C, Florida Administrative Code. If you have questions regarding your response or best course of action, you may wish to. seek competent legal counsel. Failure to make an election, as described below, within the 21 days of your receipt of this Administrative Complaint packet waives your right to a hearing in this matter, and the Department may proceed against you by default. Your receipt of this Administrative Complaint packet constitutes service upon you. Your rights under Florida law (Chapter 120, Florida Statutes) are as follows: 1. You may elect to dispute the violations alleged in the Complaint and request a hearing on the disputed facts before an Administrative Law Judge, which is an administrative trial. You and the Department will be given an opportunity to present evidence and witnesses to prove or disprove the facts alleged and, after the hearing, submit a written proposed recommended order for the Judge’s consideration. Based on the evidence and testimony presented and any proposed recommended orders submitted by the parties, the Judge will issue a Recommended Order to the Department containing Findings of Fact, Conclusions of Law, and Recommended Penalty, if any. The parties may submit exceptions to the Recommended Order. Following review of the Recommended Order and exceptions, if any, the Department may issue a Final Order. . 2. You may elect to not dispute the violations alleged in the Complaint and request that a héaring be held to present testimony or documents you wish the Department to consider in mitigation of the alleged violations prior to disposition of this case. Any penalty levied will be included in a Final Order. If a dispute of material fact arises, the hearing will be terminated and the case referred for administrative trial as described in paragraph 1 above. 3. You may seek to resolve this matter through a negotiated settlement with the Department's Settlement Officer as instructed in the cover letter accompanying this packet. Upon final approval by the Department, the settlement will be incorporated into a Final Order resolving the case. Participating in settlement discussions does not preserve your right to a hearing. Failure to make an election within 21 days, as described in paragraphs 1 and 2 above, will waive your right to a hearing. 4. You may waive hearing in this matter, and the Department will proceed with resolution and ~ possible penalty at its discretion. An Election of Rights form is included with this Administrative Complaint packet. You must respond to the Administrative Complaint by electing one of the options on the Election of Rights form and the Department must receive it within 21 days of your receipt of this Administrative Complaint packet. The Division will then determine whether a dispute of material fact exists, and schedule the appropriate hearing. Notice of the date, time, and place of hearing will be sent to you at the address. designated by you on your Election of Rights. Pursuant to Chapter 120.573, Florida Statutes, please be advised that mediation is not available for resolution of this action. . Case No: 07-01-009 Revieed 1/1/2001 License No: 62-50917-R Business Name: DELI FRESH INC #5162

Docket for Case No: 01-000936